MOBILISATION AND SUPPLEMENTARY FORCES

Arrangement of Sections

1. Short title.

PART I

APPOINTMENT OF COMPETENT AUTHORITY

2. Appointment of Competent Authority.

3. Assignment of powers, duties and functions to the Authority.

PART II

NATIONAL SERVICE AND VOLUNTARY SERVICE IN THE NATIONAL ARMED RESERVE

4. Enlistment in National Armed Reserve.

5. Voluntary enlistment in the National Armed Reserve.

6. Offences.

7. Regulation.

8. Power to made Order.

PART III

RESERVE AFFAIRS COUNCIL

9. Establishment of Reserve Affairs Council.

10. Power of the President.

11. Powers duties and functions of the Council.

12. Duties of the Authority under this Part.

PART IV

NATIONAL ARMED RESERVE

13. National Armed Reserve.

14. Appointment and promotion of members of the Reserve.

15. The Reserve to be a National Military Training Establishment.

16. Transfer of members of the Reserve.

17. Conditions of training to be specified by the Council.

18. Power of the President to assign units etc. of the Reserve, to the armed forces and the police force.

19. Provided that such unit shall whenever practicable led by a member of the Reserve.

20. Mobilisation of the Reserve.

21. Period of service of members of the Reserving.

22. Right to return to previous employment at end of period of service.

23. Employer has no right to dismiss up called up for active service.

24. Secondment of members of armed forces or the police force for service the Reserve.

25. Full time service.

26. Terms and conditions application to members of the Reserve.

27. Pay to members of the Reserve to be determined.

28. All property of Reserve to vest in the Director-General.

29. Failure to report for service an offence.

30. Certificate of Authority to be prima facie evidence.

31. Non applicability of certain acts to members of the Reserve.

32. Modified effect of section 46 of the Firearms Ordinance.

33. Modified effect of section 3 (1) of the Firing Ranges and Military Training Act.

34. Regulations.

35. Issue of arms.

PART V

NATIONAL CADET CORPS

36. National Cadet Corps.

37. President to determine units and strength of Corps.

38. Director of the Corps.

39. President to appoint officers.

40. Standard of training to be specified by the Council.

41. Secondment of officers for service in the Corps.

42. Cadets to be discharged on expiration of period of enrolment.

43. Discipline of cadets of the Corps.

44. Corps not to be called on active service.

45. Certain cadets deemed to be cadets of the Corps.

46. Minister to determine allowance of officers and cadets of the Corps.

47. Property of the Corps to vest in the Director of the Corps.

48. Certain Acts not to apply to officers and cadets of the Corps.

49. Modification of Firearms Ordinance to include officers and cadets of the Corps.

50. Application of Part IV.

51. Regulations.

PART VI

SUPPLEMENTARY FORCES

52. Establishment of Supplementary Forces.

53. Disbandment of Supplementary Forces.

54. Appointment of Commandant of such Supplementary Force.

55. Appointment of designated Commander.

56. Council to specify conditions of efficiency for Supplementary Forces.

57. Manner of appointment of members.

58. Secondment of members of the armed forces or the police force into service of the Supplementary Forces.

59. Units of each Supplementary Force.

60. Applicability of Police and Military Laws to members of the Supplementary Forces.

61. Pay to be determined.

62. Vesting of property of each Supplementary Force in the Commandant of such Supplementary Force.

63. Non applicability of certain acts, to members of the Supplementary Force.

64. Regulations.

PART VII

GENERAL

65. Regulations.

40 of 1985,

19 of 1996.

AN ACT to provide for the appointment of a competent authority for manpower mobilisation; for setting out the procedure regarding obligatory and voluntary enlistment in the National Armed Reserve; for the establishment of a Reserve Affairs Council; for providing for the raising and maintaining of the National Armed Reserve, the National Cadet Corps, the National Auxiliary Force and of such other supplementary forces as are deemed necessary; and for matters connected therewith or incidental thereto.

[Date of Commencement: 22nd October, 1985]

1. Short title.

This Act may be cited as the Mobilisation and Supplementary Forces Act.

PART I

APPOINTMENT OF COMPETENT AUTHORITY

2. Appointment of Competent Authority.

The President shall in consultation with the Minister appoint, by name or by office, a fit and propel” person to be the Competent Authority for Manpower Mobilisation (hereinafter referred to as "the Authority”).

3. Assignment of powers, duties and functions to the Authority.

(1) The Authority shall exercise, perform and discharge such powers, duties and functions as are assigned to him under any of the provisions of this Act.

(2) The Authority may, with the approval of the Minister, delegate any of the powers, duties and functions conferred or imposed on, or assigned to, him under this Act to any other public officer.

(3) In this Part of this Act, "Minister” means the Minister in charge of the subject and function of manpower mobilisation and training.

PART II

NATIONAL SERVICE AND VOLUNTARY SERVICE IN THE NATIONAL ARMED RESERVE

4. Enlistment in National Armed Reserve.

(1) All relevant persons falling within any category of persons specified in an Order made by the Minister and known as "A National Service Order” shall enlist when directed so to do, by the Authority, in the interest of the security needs of the country, in the National Armed Reserve, in accordance with the provisions contained in this Act.

(2) The Authority may from time to time, by notice, require any person to whom a National Service Order applies, to report for a selection examination for enlistment, Every person so noticed shall comply with the notice. Every person required to report, shall report at such office and at such date and time as is specified in the notice and shall attend from day to day or at such other times as he is required by the officer, until the selection examinations for enlistment are finalised.

(3) A person noticed under subsection (2) and who passes the selection examination, shall when directed by the Authority, enlist in the National Armed Reserve in accordance with the prescribed procedure.

(4) A release from enlisting in the National Armed Reserve, of a person who has qualified for enlistment, may be granted by the Authority taking into consideration the security needs of the country. The Authority may require any person so released to enlist in the National Armed Reserve, within a period of two years from the date of such release:

Provided that any person granted a release under the provisions of this subsection, and not subject to a direction thereunder, shall be liable for national service if he falls within any category specified in a subsequent National Service Order.

(5) The National Service Order shall specify the grounds on which the releases from national service may be granted by the Authority, to persons who are qualified for enlistment in the National Armed Reserve.

(6) Every person to whom a notice under subsection (2) applies shall furnish the Authority with all such information as is required by the Authority, to facilitate the enlistment of such person in the National Armed Reserve.

For the purposes of this section "relevant person” means any citizen of Sri Lanka, who is not below the age of eighteen years.

5. Voluntary enlistment in the National Armed Reserve.

The Authority may with the approval of the Minister, by notification published in the Gazette) invite persons other than those persons to whom a National Service Order is applicable, and who are not below the age of eighteen years to render voluntary service in the National Armed Reserve. The manner of selection of the category of persons to whom the provisions of this section shall apply, shall be prescribed.

6. Offences.

(1) Any person who fails—

(a) to report for a selection examination when noticed to do so under subsection (2) of section 4; or

(b) to enlist in the National Armed Reserve when directed to do so under subsection (3) of section 4; or

(c) to furnish such information as he is required to furnish under subsection (6) of section 4 or who furnishes incorrect information under that subsection,

shall be guilty of an offence, and shall on conviction after summary trial, be punishable with imprisonment of either description for a term not exceeding four years.

(2) In a prosecution under subsection (1), a certificate under the hand of the Authority to the effect that a person has failed—

(a) to report for a selection examination when noticed to do so;

(b) to enlist in the National Armed Reserve when directed to do so;

(c) to furnish any information he has been required to furnish under subsection (6) of section 4,

shall be prima facie evidence of the facts stated therein.

7. Regulation.

Regulations may be made in respect of any or all of the following matters:

(a) the manner of conducting the selection examination for enlistment in the National Armed Reserve under section 4;

(b) the manner of obtaining releases from national service;

(c) the information required to be furnished by persons, liable to national service or voluntary service;

(d) the maintenance of registers;

(e) the manner or selection of persons volunteering for service in the National Armed Reserve; and

(f) any matter stated or required by this Part to be prescribed.

8. Power to made Order.

No Order made by the Minister under section 4 shall come into force unless it is approved by Parliament, and notification of such approval is published in the Gazette.

For the purposes of this Part of this Act, "Minister” means the Minister in charge of the subject and functions, of manpower mobilisation and training.

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