CHAPTER 193
NATIONAL SERVICE ACT
[SUBSIDIARY LEGISLATION]
INDEX TO SUBSIDIARY LEGISLATION
RULES
TABLE OF CONTENTS
Rule
Title
PART I
PRELIMINARY PROVISIONS
1. Title and commencement.
2. Interpretation.
PART II
ORGANISATION OF THE SERVICE
3. Composition of National Service.
4. Branches, Units and Sub-units.
5. Executive Committee.
6. Promotions Board.
7. Proceedings of Committee and Board.
PART III
APPOINTMENTS OF OFFICERS
8. Application.
9. Conditions as to appointments.
10. Approval for secondment.
11. Rules relating to appointments.
12. Certain persons not to be appointed.
PART IV
TERMS AND CONDITIONS OF SERVICE OF OFFICERS
13. Release.
14. Leave.
15. Sick leave.
16. Compassionate leave.
17. Medical benefits.
18. Committee may issue directives.
PART V
DISCIPLINARY PROCEEDINGS
19. Application and construction.
20. Disciplinary offences.
21. Punishments.
22. Procedure as to inquiry into disciplinary offences.
23. Procedure for dismissal.
24. Delegation of powers in certain cases.
25. Where disciplinary offence relates to criminal offence.
26. Appeals.
27. Fines and stoppages.
28. Suspension from duty.
PART VI
EFFECT OF ENLISTMENT UPON CONTRACTS OF EMPLOYMENT
29. Application.
30. Where persons employed enlisted.
31. Contravention of provisions of Rule 30.
32. Effect of payment of emoluments to Director.
33. Exemption from requirement of deductions.
PART VII
APPLICATION OF WORKERS COMPENSATION ACT
34. Provisions of Workers' Compensation Act to apply to servicemen.
35. Modification to Workers' Compensation Act as applied to members of National Service.
PART VIII
MISCELLANEOUS PROVISIONS
36. [Revocation of R.L. Cap. 553 Supp. 65 p. 3.]
THE NATIONAL SERVICE RULES
(Sections 15 and 21)
[15th May, 1972]
G.N. No. 77 of 1972
PART I
PRELIMINARY PROVISIONS (rules 1-2)
1. Title and commencement
These Rules may be cited as the National Service Rules.
2. Interpretation
In these Rules unless the context otherwise requires–
"Act" means the National Service Act *;
"appointment" includes transfer, promotion and appointment on secondment under the Act;
"Board" means the Promotions Board established under rule 6;
"commanding officer" means a senior officer of the National Service in charge of any branch, unit, camp or settlement;
"Committee" means the National Service Executive Committee established by rule 5 of these Rules;
"junior post" means the post of a junior officer;
"officer" means a member who holds a senior post or a junior post;
"salary" includes wages and allowances and, in relation to a serviceman to whom Part VI applies, includes the portion of salary paid to him by his employer;
"senior post" means the post of a senior officer;
"service" means the National Service;
"serviceman" means any officer or other member of the National Service.
PART II
ORGANISATION OF THE SERVICE (rules 3-7)
3. Composition of National Service
(1) The Service shall consist of the following ranks in order of seniority as follows–
I. Senior Officers:
(a) the Director;
(b) Assistant Directors;
(c) Senior Masters;
(d) Masters;
(e) Assistant Masters;
(f) Cadet Assistant Masters.
II. Junior Officers:
(a) Chief Guides;
(b) Senior Guides;
(c) Guides;
(d) Deputy Guides;
(e) Assistant Guides;
(f) Cadet Guides.
III. Servicemen other than Officers.
(2) The Director may, with the consent of the Minister, create such other posts of senior officers or junior officers, as he may consider fit, and assign to such posts such seniority as, in his opinion, may be proper.
4. Branches, Units and Sub-units
The Service shall be organised into such number of Branches, Units and Sub-units as the National Service Director may, after consultation with the Minister, appoint.
5. Executive Committee
(1) There shall be a National Service Executive Committee.
(2) The Committee shall consist of–
(a) the Minister, who shall be the Chairman;
(b) a Vice-Chairman who shall be appointed by the Minister;
(c) the Director who shall be a member and such other members, not exceeding four in number, as the Minister may appoint.
(3) The functions of the Executive Committee shall be–
(a) subject to the provisions of Part III, to make appointment of senior officers;
(b) to issue guidelines and directives with regard to the management of the Service;
(c) to approve programmes for the training of servicemen;
(d) to supervise the expenditure of the funds allocated for the Service;
(e) to exercise such other functions as may be conferred upon it by these Rules or any other written law.
6. Promotions Board
(1) There shall be a Promotions Board which shall consist of–
(a) the Director, who shall be the Chairman;
(b) four other members who shall be appointed by the Director, after consultation with the Minister, from amongst the senior officers.
(2) The functions of the Board shall be–
(a) subject to the provisions of Part III, to make appointments to and approve promotions within the ranks of junior officers;
(b) to make recommendations to the Committee for appointment of senior officers.
7. Proceedings of Committee and Board
Subject to such directions as the Minister may give in that behalf, the Committee and the Board may regulate their own proceedings.
PART III
APPOINTMENTS OF OFFICERS (rules 8-12)
8. Application
The provisions of this Part shall apply to appointments of all officers other than an appointment of an officer to the permanent staff.
9. Conditions as to appointments
No person shall be appointed as an officer of the Service unless–
(a) he is a citizen of the United Republic;
(b) the Committee, or as the case may be, the Board, is satisfied that he is of good character;
(c) save where the Minister otherwise directs, he has completed a three month's National Service basic training or undertakes to undergo such training immediately after his appointment;
(d) he complies with such other requirements as the Committee may, from time to time, specify.
10. Approval for secondment
No person shall be seconded to the National Service under section 18 of the Act unless such National Service secondment has been approved by the Committee:
Provided that where the person seconded is to be seconded as a junior officer, the secondment shall be approved by the Board.
11. Rules relating to appointments
(1) Where a vacancy occurs or it is known that a vacancy will occur in a senior post, the director shall notify the Committee and the Committee shall, unless the appointment to such post is made under section 6 of the Act, proceed to consider whether the vacancy should be filled by promotion, by secondment or in any other manner.
(2) Where the Committee decides to fill the vacancy by promotion, it shall promote to the post such officer as, in its opinion, merits promotion.
(3) Where a vacancy occurs or it is known that a vacancy will occur in a junior post, the Director shall notify the Board and the Board shall, unless the appointment to such post is made under section 6 of the Act, proceed to consider whether the vacancy should be filled by promotion, by secondment or in any other manner.
(4) Where the Board decides to fill the vacancy by promotion, it shall promote to the post such serviceman as, in its opinion, merits promotion.
(5) Where the Committee or, as the case may be, the Board, is of the opinion that the vacancy should be filled by secondment, it shall take such steps as it may consider appropriate for a person to be seconded to fill the vacancy.
12. Certain persons not to be appointed
No person who has been convicted of a criminal offence involving moral turpitude or who has been dismissed from the Public Service or from the National Service shall be appointed as an officer of the National Service without the prior consent of–
(a) in the case of an appointment to a senior post, the President;
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(b) in the case of an appointment of a junior post, the Minister.
PART IV
TERMS AND CONDITIONS OF SERVICE OF OFFICERS (rules 13-18)
13. Release
(1) Where an officer of the Service desires to be released from the Service, he shall make an application therefor–
(a) in the case of a senior officer, to the Committee;
(b) in the case of a junior officer, to the Board.
(2) Every application for release shall state the grounds upon which the release is sought.
(3) Every application for release shall, in the first instance, be submitted to the commanding officer who shall transmit it to the Committee or, as the case may be, the Board, with such comments as he may wish to make in respect thereof.
(4) An application for release made by a senior officer shall be considered by the Committee and the Committee shall, if it is of the opinion that there is no objection to the officer being released, discharge the officer from the National Service.
(5) An application for release made by a junior officer shall be considered by the Board and the Board shall, if it is of the opinion that there is no objection to the officer being released, discharge the officer from the National Service.
(6) Notwithstanding the provisions of this rule, an officer appointed under section 6 of the Act shall not be released save with the consent of the President.
14. Leave
(1) Every officer shall be entitled to an annual leave of not more than twenty eight days in each calendar year.
(2) Where an officer fails to avail himself of the whole or any part of his leave entitlement before the thirty-first day of December in the year in which such entitlement accrues he shall forfeit the whole or, as the case may be, the remainder of his leave entitlement.
(3) No person shall be entitled to avail himself of his annual leave entitlement unless he has completed eight months–
(a) from the date of his first appointment; or
(b) from the date of his return from his last annual leave.
15. Sick leave
An officer may, on the recommendation of the Medical Officer in charge of his unit, be granted sick leave for such period as such Medical Officer may recommend:
Provided that no officer shall be granted sick leave for more than thirty days without the prior approval of the Director.
16. Compassionate leave
(1) Where a commanding officer is satisfied that a junior officer, for an urgent and exceptional personal reason, requires a leave of absence, he may allow the officer a compassionate leave of not more than seven days or, with the consent of the Director, of not more than fourteen days.
(2) Where the Director is satisfied that a senior officer, for an urgent and exceptional personal reason, requires a compassionate leave of absence he may allow such officer a compassionate leave for a period not exceeding fourteen days.
17. Medical benefits
Every officer shall be entitled to the same medical benefits as a civil servant of comparable rank.
18. Committee may issue directives
The Committee may, from time to time, issue directive prescribing such terms and conditions which shall be applicable to such category of officers as the Committee may specify and every such directive shall have the same effect as if the terms and conditions specified therein were set out in these Rules:
Provided that the Committee shall not by any directive prescribe any term or conditions which conflicts with any term or condition prescribed by the Act or by these Rules.
PART V
DISCIPLINARY PROCEEDINGS (rules 19-28)
19. Application and construction
(1) This Part shall apply to all members of the Service including officers but shall not apply to a person seconded to the National Service.
(2) In this Part–
"defaulter" means any person who or is alleged to have committed a disciplinary offence;
"disciplinary authority" means–
(a) in relation to a serviceman other than a senior officer, the officer who is for the time being the commanding officer in charge of the branch, unit, camp or settlement in which such serviceman is serving;
(b) in relation to a senior officer, the Director, and includes any board of not less than two senior officers appointed by the Director to exercise the functions of a disciplinary authority in relation to such categories of serviceman as the Director may specify:
Provided that–
(i) where in respect of any disciplinary offence, both the Director and any such board are competent disciplinary authorities, the Director shall determine whether the defaulter shall be tried by himself or the board;
(ii) where in respect of any disciplinary offence, both the commanding officer and any such board are competent disciplinary authorities, the commanding officer shall determine whether the defaulter shall be tried by him or the board;
(iii) in any case to which paragraph (i) applies, and proceedings have commenced before the board, it shall be lawful for the Director, at any time before the board has pronounced its decision, to transfer the proceedings to himself and to proceed to try the defaulter;
(iv) in any case to which paragraph (ii) applies and proceedings have commenced before the board, it shall be lawful for the commanding officer, at any time before the board has pronounced its decision, to transfer the proceedings to himself and proceed to try the defaulter.
20. Disciplinary offences
Any serviceman who–
(i) is disrespectful in word, act or demeanour to his superior officer;
(ii) renders himself unfit for duty by reason of intoxication;
(iii) drinks intoxicating liquor when on duty;
(iv) is drunk on duty, or in any camp or settlement or while in uniform;
(v) absents himself without leave;
(vi) is asleep while on duty;
(vii) leaves his post before he is regularly relieved, except in the performance of duty;
(viii) being under arrest or in confinement, leaves or escapes from arrest or confinement before he is set at liberty by proper authority;
(ix) neglects or refuses to assist in the apprehension of any member charged with any offence when lawfully ordered so to do;
(x) is guilty of cowardice;
(xi) discharges any firearm without authority or just cause;
(xii) without reasonable cause fails to appear at any parade appointed by his superior officer;
(xiii) pawns, sells, loses or damages by neglect, makes away with, wilfully damages or fails to report any damage to, makes use of without proper authority or makes use of for personal reasons without proper authority, any arm, ammunition, accoutrement, uniform, vehicle or other article or equipment supplied to him or any property committed to his charge;
(xiv) is in unlawful possession of any public property, or any property of any member;
(xv) commits any act of plunder, or of wanton destruction of any property of the National Service or of any member;
(xvi) accepts or solicits a bribe or gratuity;
(xvii) is idle or negligent in the performance of his duty;
(xviii) is slovenly, inattentive, uncivil or quarrelsome;
(xix) parades for duty dirty or untidy in his person, arms, clothing or equipment;
(xx) makes or signs any false statement in any official record or document;
(xxi) makes or joins in making any anonymous complaint;
(xxii) malingers or feign or wilfully causes any diseases or infirmity;
(xxiii) wilful misconducts or wilfully disobeys, whether in hospital or elsewhere any orders and so causes or aggravates any disease or infirmity or delays its cure;
(xxiv) having contracted venereal disease or other disease and fails to report without delay to a Government Medical Officer for treatment;
(xxv) incurs debt in or out of the National Service which he is unable to discharge;
(xxvi) resists an escort whose duty it is to apprehend him or to have him in charge;
(xxvii) having been lawfully confined, breaks out of a camp or settlement;
(xxviii) makes any false statement upon joining the National Service;
(xxix) refuses or neglects to make or send any report or return which it is his duty to make or send;
(xxx) in making a complaint against any member knowingly makes a false statement affecting the character of such member or knowingly suppresses any material fact;
(xxxi) knowingly makes a false accusation against any member;
(xxxii) engages without authority in any employment or office other than his National Service duties;
(xxxiii) when called upon by his superior officer to furnish a full and true statement of his financial position, fails so to do;
(xxxiv) wilfully disobeys any regulation or order of the National Service;
(xxxv) commits any act, conduct, disorder or neglect to the prejudice of the good order or discipline of the National Service or in violation of duty, or of any other misconduct as a member of the National Service, not herein specified;
(xxxvi) commits any act or omission which constitutes an offence under any written law;
(xxxvii) is found guilty by any court of competent jurisdiction of any offence under any written law,
commits an offence against discipline and shall suffer such punishment according to the degree and nature of the offence as may be imposed in accordance with these Rules.
21. Punishments
(1) Any serviceman convicted of a disciplinary offence may be punished by–
(a) dismissal;
(b) determination of the appointment or reduction in rank;
(c) confinement for not more than twenty one days in a guard room or to the confines of a camp or other area where a part of the National Service is stationed, or in a prison established under the Prisons Act *, if no facilities exist for his confinement in the camp or such area or where the disciplinary authority is of the opinion that it is desirable that the defaulter be confined in such a prison;
(d) a fine not exceeding ten shillings;
(e) stoppage of salary;
(f) extra drills or parades.
(2) A warrant signed by the commanding officer shall be sufficient authority for the officer-in-charge of a prison to admit the person named therein into the prison.
(3) Every person admitted into the prison shall be detained therein as an unconvicted prisoner and shall be discharged on the twenty-first day after his admission or on such earlier date as the commanding officer may by writing under his hand direct.
22. Procedure as to inquiry into disciplinary offences
(1) Where it appears to an officer that there is a prima facie case against a serviceman junior to him in rank for an offence against discipline, he shall frame a charge or charges against the defaulter.
(2) The officer may–
(a) if he is not a commanding officer, report the charge to his commanding officer, who may either proceed to hear the charge or charges himself or remit the case to another disciplinary authority to hear the charge or charges; or
(b) if he is a commanding officer, proceed to hear the charge or charges himself or remit the case to another disciplinary authority to hear the charge or charges.
(3) The defaulter shall be informed of the date and time at which he will be required to appear before the disciplinary authority.
(4) The charge or charges shall first be read over to the defaulter who shall be required to plead guilty or not guilty to each charge separately.
(5) At the conclusion of the hearing the disciplinary authority may–
(a) give its finding forthwith and, if it finds the defaulter guilty of any of the charges against him, or if the defaulter has pleaded guilty thereto, may impose a punishment; or
(b) reserve its findings until a later date, and if it finds the defaulter guilty of any of the charges against him, may impose a punishment.
(6) The findings and punishments shall be communicated to the defaulter.
23. Procedure for dismissal
(1) Where the defaulter pleads or is found guilty and the disciplinary authority considers that the offence warrants dismissal from the National Service, it shall not make an award but–
(a) if the disciplinary authority is not a commanding officer, it shall send a report to the commanding officer of the defaulter together with a copy of the proceedings, its findings and the reasons thereby; or
(b) if the disciplinary authority is a commanding officer, he shall send a report to the Director with a copy of the proceedings, his findings and the reasons therefor.
(2)(a) On receipt of a report and the other documents referred to in paragraph (1) of this Rule, a commanding officer may–
(i) confirm all or any of the findings or substitute for any findings of the disciplinary authority any other finding at which the authority could have arrived upon the evidence, and either himself impose a punishment in relation thereto (in which case he shall notify the disciplinary authority) or refer the report and such other documents to the Director for the latter to impose a punishment; or
(ii) quash any finding and acquit the defaulter in respect thereto or order a re-trial on such charge of charges as he may specify.
(b) On receipt of the report and such other documents as aforesaid, the Director may–
(i) confirm all or any of the findings or substitute for any finding of the disciplinary authority the finding he deems fit; or
(ii) quash any finding and acquit the defaulter in respect thereof or order a re-trial on such charge or charges as he may specify.
(c) The findings and punishment, if any, shall be communicated to the defaulter.
24. Delegation of powers in certain cases
Notwithstanding the foregoing provisions of these Rules, a commanding officer may, where he is satisfied that no injustice would hereby be caused to the defaulter, depute or authorise a senior officer to depute a junior officer to record any plea or any evidence under these Rules, and where a junior officer so records a plea or any evidence, such plea or evidence shall be deemed to have been recorded by the commanding officer who shall proceed to make a finding and, where appropriate, impose punishment, accordingly.
25. Where disciplinary offence relates to criminal offence
Where a serviceman is alleged to have committed a disciplinary offence and the act or omission constituting such offence also constitutes a criminal offence under any written law then, notwithstanding any provision of any law to the contrary, the following rules shall apply–
(a) if no disciplinary proceedings under these Rules have been commenced in respect of the disciplinary offence and proceedings for the criminal offence (hereinafter referred to as criminal proceedings) have been instituted against the accused serviceman in any court of law, then no disciplinary proceedings shall be commenced until after the conclusion of the criminal proceedings:
Provided that nothing in this paragraph shall be construed as preventing the accused serviceman from being suspended from the National Service;
(b) if disciplinary proceedings have been commenced and during the pendency of such proceedings, criminal proceedings for the criminal offence are instituted, the disciplinary proceedings shall be stayed and no further steps shall be taken in respect thereof until after the conclusion of the criminal proceedings;
(c) where criminal proceedings have been commenced and concluded against the accused serviceman–
(i) if the serviceman is acquitted of the criminal charge, such acquittal shall not be a bar to disciplinary proceedings against the accused serviceman on the same charge or on a charge based on the facts being instituted or continued therefor as if no criminal proceedings had been instituted against him;
(ii) if the accused serviceman is convicted of the criminal charge, he shall be deemed to have been found guilty by a disciplinary authority of the disciplinary offence constituted by the same facts which constituted the criminal charge, and the accused serviceman may be punished for such disciplinary offence in accordance with the provisions of these Rules.
26. Appeals
(1) Any serviceman aggrieved by any finding of a disciplinary authority or any award of a disciplinary authority may, within seven days of the notification to him thereof, appeal to the appellate authority in writing and the appellate authority may confirm or vary any finding of the disciplinary authority of substitute therefor any finding at which the disciplinary authority could have arrived upon the evidence, including any additional evidence which the appellate authority, in its discretion, admits at the hearing of the appeal and may confirm or remit any punishment imposed by the disciplinary authority or may substitute therefor any punishment which the authority could have imposed, and in all such cases the decision of the appellate authority shall be final.
(2) Where the appellate authority hears any new evidence on appeal, it shall give the appellant an opportunity of being present and putting questions to any witnesses so heard.
(3) In every case in which an appeal is lodged, the punishment shall be suspended during the hearing of the appeal.
(4) In this Rule "appellate authority" means–
(a) in the case of any decision or award, given, confirmed or approved by the Director, the Minister;
(b) in any other case, the Director.
27. Fines and stoppages
(1) All fines imposed on a defaulter in respect of offences against discipline under these Rules may be recovered by deduction from the defaulter's salary due at the time when such fine is imposed or according to due thereafter.
(2) The amount of stoppage of any salary authorised by these Rules shall be in the discretion of the disciplinary authority by whom the punishment is imposed or subject to the directions of the Director, but shall in no case exceed one-half of the monthly salary of the defaulter and whenever two or more orders of stoppage are in force against the same serviceman, so much only of his salary shall be stopped as shall leave him a residue of at least one-half of his salary.
(3) Where two or more orders of stoppage are made upon the same serviceman, the orders later in date shall, if necessary, be postponed as to their enforcement until the earlier orders have been discharged.
28. Suspension from duty
The Director or a commanding officer may, where a charge alleging an offence against discipline or an offence against other written law has been laid or is about to be laid against a serviceman, suspend that serviceman from the performance of his duties with the National Service.
PART VI
EFFECT OF ENLISTMENT UPON CONTRACTS OF EMPLOYMENT (rules 29-33)
29. Application
This Part shall apply to servicemen enlisted under the provisions of section 11 of the Act.
30. Where persons employed enlisted
(1) Where a person who is employed by any other person (such employee is hereinafter in this Part referred to as "the serviceman" and such employer is hereinafter in this Part referred to as "the employer") is enlisted in the National Service under the provisions of section 11 of the Act, the contract of employment between the serviceman and the employer shall continue notwithstanding any provision of any other written law or any term, condition or agreement to the contrary in such contract of employment–
(a) the employer shall not terminate the employment of the serviceman by reason only of the serviceman's enlistment;
(b) with effect from the date of enlistment, the employer shall grant the employee leave of absence for a period of five months to enable the serviceman to undergo field training in the National Service (hereinafter referred to as the "first field training");
(c) at any time within twenty months following the completion of the first field training, the serviceman shall be liable to be called up for further field training in the National Service (hereinafter referred to as the "second field training") and when the serviceman is so called up, the employer shall grant him a leave of absence for a period of thirty days;
(d) the serviceman shall not be entitled to receive from the employer any salary, wages or other emoluments during the period of leave of absence granted under paragraph (b) or paragraph (c) of this Rule;
(e) where the serviceman is entitled, under his contract of employment, to occupy any quarters provided by the employer either free of rent or at a nominal rent, the employer shall permit the serviceman to continue to occupy the quarters during any period of leave of absence, and where the contract of employment provides for the serviceman to pay any rent, fee or other charges for his occupation of such quarters, the total of such rent, fee or other charges payable in respect of the entire period of any leave of absence shall be treated as a loan by the employer to the serviceman and shall be recoverable by, in the case of the amount due in respect of absence for the first field training, six equal monthly instalments, and in the case of the amount due in respect of the leave of absence for the second field training, two equal monthly instalments:
Provided that–
(i) nothing in this paragraph shall be construed as precluding the serviceman and the employer from entering into an agreement for the payment by the serviceman of such rent, fee or other charges by a greater number of instalments than provided for in this paragraph;
(ii) where before the full amount of such rent, fee or other charges has been recovered the contract of employment of the serviceman is terminated for any reason whatsoever, the remainder of the amount due shall be a debt due to the employer and may be recovered by the employer by a civil suit;
(f) the Director may, by notice addressed to the employer, require the employer to extend the period of any leave of absence by a period not exceeding sixty days, and upon being so required, the employer shall extend the period of leave of absence accordingly;
(g) upon the expiration of leave of absence for the first field training, the employer shall permit the serviceman to continue in the employment in accordance with the terms and conditions of the contract of employment as modified by this Rule:
Provided that where the serviceman fails to report for duty within seven days of the expiration of his leave of absence, the employer shall be entitled to take such disciplinary measures against the serviceman as may be provided for in the contract of employment or as may be lawful;
(h) where a serviceman terminates his employment with his employer or takes up employment with any other employer, he shall advise the Director in writing of the same and state his reasons for the termination or, as the case may be, the taking up of employment with another employer;
(i) where after the first field training the employment of the serviceman with the employer is terminated by the employer or is determined by the expiry of the contract of employment and the serviceman takes up employment with another employer his contract of employment with the other employer shall be governed by the provisions of this Rule as if references in this Part to the employer were references to such other employer;
(j) where a serviceman was not employed by any person immediately before the commencement of his first field training takes up an employment after the completion of his first field training but before the completion of his second field training, the provisions of this Rule shall apply to his contract of employment with his employer as if references in this Part to the employer were references to such employer;
(k) where upon the completion of his first field training, a serviceman continues in his former employment or takes up employment with another employer or, not having been in the employment of any person immediately preceding the commencement of his first field training, takes up employment with any person before the completion of his second field training–
(i) the serviceman shall continue to remain subject to the disciplinary code of the National Service, the provisions of the Act and the provisions of these Rules for a period of twenty months from the date of the completion of the first field training unless he is sooner released from the National Service;
(ii) the employer shall, during the period specified in subparagraph (1), accord the serviceman all facilities to enable the serviceman to comply with the disciplinary code of the National Service, the provisions of the Act and the provisions of these Rules;
(iii) if during the period specified in subparagraph (i) and before the commencement of the second field training, the serviceman is called up for duty in the National Service, the employer shall grant the serviceman leave of absence with full pay for the duration of such call-up:
Provided that where the serviceman, by reason of any such call-up, remains absent from his employment for any period which exceeds seven days, the employer shall be liable to grant leave of absence with full pay for the first seven days only and, for the remainder of the period, the serviceman shall be deemed to be on leave of absence without pay;
(iv) until the commencement of the second field training, the employer shall pay sixty per centum of the emoluments payable to the serviceman under his contract of employment to the Director, and the remainder shall be paid to the serviceman;
(v) for the purpose of this Rule "emoluments" means the amount of the monthly salary, wages or other emoluments due to the serviceman and shall include all allowances other than any travel or subsistence allowance, after deduction for any tax or levy which the employer is liable to deduct by or under any written law;
(l) no period of leave of absence granted under this Rule shall be counted against the serviceman's leave entitlement under his contract of employment.
31. Contravention of provisions of Rule 30
Any serviceman, employer or other person who contravenes any of the provisions of Rule 30 commits an offence and is liable on conviction to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.
32. Effect of payment of emoluments to Director
Where any portion of the emoluments of a serviceman is paid to the Director in accordance with the provisions of Rule 30, such payment shall be deemed to be a payment to the serviceman and the employer's liability to pay such emoluments to the serviceman shall be fully discharged.
33. Exemption from requirement of deductions
The Minister may, by notice in the Gazette, exempt any serviceman, or any class of servicemen, or servicemen employed in any category of employment, from the provisions of subparagraph (iv) of paragraph (k) of Rule 30, and where any such notice is published, the employer of the serviceman to whom such notice applies shall not be required to make any payment to the Director out of the net emoluments payable to the serviceman but shall pay the whole of such net emoluments to the serviceman in accordance with the contract of employment and the restrictions imposed by subparagraph (iv) of paragraph (k) of Rule 30 shall not apply.
PART VII
APPLICATION OF WORKERS COMPENSATION ACT (rules 34-35)
34. Provisions of Workers' Compensation Act to apply to servicemen
The provisions of the Workers' Compensation Act * shall, subject to the modifications specified in this Part, apply to every member of the National Service (other than a serviceman on secondment to the National Service or employed to the permanent staff under section 6) as if each member of the National Service were a workman employed in the National Service by the United Republic.
35. Modification to Workers' Compensation Act as applied to members of National Service
Notwithstanding the provisions of Rule 33–
(a) no serviceman shall be entitled to compensation in respect of any temporary incapacity save where such temporary incapacity continues after his discharge from the National Service or in the case of a serviceman to whom Part VI applies, incapacitates him from continuing in or taking up any employment between the completion of the first field training and the commencement of the second field training;
(b) the expression "arising out of and in the course of the employment" in section 5 of the Workers' Compensation Act * and wherever else it occurs in that Act, shall be construed in the case of personal injury sustained by a serviceman or in the case of the death of a serviceman as "arising out of and in the course of the engagement of the serviceman on any assignment or in any work undertaken or carried out as part of his duties as a serviceman";
(c) for the purposes of section 10 of the Workers' Compensation Act * and for the purposes of calculating the compensation payable under the Act, the remuneration of a member shall be deemed to be–
(i) in the case of an officer or a person appointed to the permanent staff of the National Service, the salary payable to such officer or as the case may be, such person;
(ii) in the case of a serviceman enlisted under section 11 of the Act, a sum of five hundred shillings per month or, where such officer was immediately prior to his enlistment employed in any employment, the monthly salary which was payable to him under his contract of service in respect of such employment, whichever may be the lesser sum;
(iii) in the case of any other serviceman, three hundred shillings per month;
(d) notwithstanding any provision to the contrary in the Workers' Compensation Act *, no suit or other proceedings may be commenced against the United Republic, the National Service or the Director for the recovery of any compensation payable under the Workers Compensation Act to a serviceman or the dependants of a deceased serviceman or to the estate of a deceased serviceman but every claim for such compensation shall be made to the Director who shall determine whether or not the United Republic is liable for such compensation and, if so the amount of the compensation, and any person aggrieved by any such decision of the Director, may appeal to the Minister;
(e) the decision of the Director or, as the case may be, of the Minister, made under paragraph (d) shall be final and conclusive and shall not be subject to review by any court;
(f) the Director shall, prior to the making of any award of compensation, consult the Permanent Secretary to the Treasury and the Attorney-General on the question of the liability under the Workers Compensation Act as modified by these Rules and on the question of the amount of compensation payable:
Provided that non-compliance with the provision of this paragraph shall not invalidate any decision of the Director;
(g) the provisions of sections 15, 16, 17, 18 19, 20 and 21 of the Workers' Compensation Act * shall not apply to any case of compensation claimed by a serviceman;
(h) where compensation is claimed from a third party in the circumstances referred to in section 22, section 23 or section 24 of the Workers' Compensation Act *, the liability of such third party shall not be restricted to the provisions of the Workers' Compensation Act * as modified by these Rules but shall be assessed as if these Rules had not been made:
Provided that–
(i) nothing in this paragraph shall be construed as permitting any suit or proceedings to be commenced against the United Republic, the National Service or the Director;
(ii) where, for the reason of assessment of the compensation payable to a serviceman by such third party, it is necessary to determine the remuneration of the serviceman, the remuneration shall be deemed to be–
(A) in the case of an officer, the salary of such officer;
(B) in the case of a serviceman enlisted under section 11 of the Act, eight hundred shillings per month or, where the serviceman was employed by any person immediately prior to such enlistment, the monthly remuneration payable to such serviceman under his contract of employment or eight hundred shillings, whichever may be the greater sum;
(C) in the case of any other serviceman, five hundred shillings per month;
(i) in any case where a claim for compensation is made by a serviceman under the Workers' Compensation Act *, other than a claim made against any third party, references in the Act to the court shall be construed as references to the Director.
PART VIII
MISCELLANEOUS PROVISIONS (rule 36)
36. Revocation of R.L. Cap. 553 Supp. 65 p. 3
[Revokes the National Service (Discipline) Rules, 1965 and the National Service (General) Rules, 1965.] {/mprestriction}