National Youth Service Act Cap 208 - as Plain Text by MWakili

LAWS OF KENYA NATIONAL YOUTH SERVICE ACT CHAPTER 208 Revised Edition 2012 [1967] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev.

2012] CAP.

208 National Youth Service CHAPTER 208 NATIONAL YOUTH SERVICE ACT ARRANGEMENT OF SECTIONS PRELIMINARY Section 1.

Short title.

2.

Interpretation.

3.

Establishment of the National Youth Service.

4.

Appointment of National Youth Leader.

ORGANISATION AND MEMBERSHIP OF THE SERVICE 5.

Members of Service.

6.

Secondment to the Service.

7.

Appointment to, or enlistment in, Service.

8.

Termination of Service.

9.

Resignation from the Service.

10.

Extension of Service during times of emergency.

11.

Return of Service property.

12.

Members not to engage in trade, etc.

13.

Service may be divided into branches, etc.

14.

Responsibilities of Director and officers in charge.

DUTIES AND EMPLOYMENT OF THE SERVICE 15.

Duties of members.

16.

Functions of Service.

17.

Employment of Service in times of emergency.

DISCIPLINE 18.

Disciplinary Code and Regulations.

19.

Mutiny.

20.

Insubordinate behaviour.

21.

Liability for other offences.

22.

Desertion.

REGULATIONS 23.

Minister may make regulations.

MISCELLANEOUS 24.

Causing disaffection, etc.

25.

Unlawful possession of articles supplied to members.

26.

[Spent] 27.

[Spent] 28.

Finance.

29.

Member declared to be a workman.

30.

Prohibition against members being members of trade union.

3 [Issue 1] CAP.

208 [Rev.

2012] National Youth Service SCHEDULES FIRST SCHEDULE RANKS OF OFFICERS OF THE SERVICE IN ORDER OF SENIORITY SECOND SCHEDULE NATIONAL YOUTH SERVICE ACT [Issue 1] 4 [Rev.

2012] CAP.

208 National Youth Service CHAPTER 208 NATIONAL YOUTH SERVICE ACT [Date of assent: 30th March, 1965.] [Date of commencement: 1st September, 1964.] An Act of Parliament to provide for the establishment of a National Youth Service and for matters connected therewith and incidental thereto [Act No.

21 of 1966, L.N.

37/2003.] PRELIMINARY 1.

Short title This Act may be cited as the National Youth Service Act.

2.

Interpretation In this Act, except where the context otherwise requires Director means the Director of the National Youth Service appointed under this Act; gazetted officer means a member of the Service of one of the ranks of gazetted officer specified in the First Schedule to this Act; member in relation to the Service includes a gazetted officer, a subordinate officer, an under officer, and a serviceman, and includes any person for the time being seconded for service in the Service; Minister means the Minister for the time being responsible for the Service; serviceman means a member of the Service other than a gazetted officer, a subordinate officer, an under officer or any person seconded for service in the Service; subordinate officer means a member of the Service of one of the ranks of subordinate officer specified in the First Schedule to this Act; under officer means a member of the Service of one of the ranks of under officer specified in the First Schedule to this Act.

3.

Establishment of the National Youth Service There shall be established and maintained the National Youth Service.

4.

Appointment of National Youth Leader (1) There shall be a National Youth Leader appointed by the President, acting on the advice of the Minister and for the avoidance of doubt it is hereby declared that, for the purposes of section 41 (1) (f) of the Constitution, the office of National Youth Leader is not to be a public office.

5 [Issue 1] CAP.

208 [Rev.

2012] National Youth Service (2) The duties of the National Youth Leader shall be to advise the Minister on the exercise of his powers under this Act and his general responsibilities for the Service.

(3) The National Youth Leader shall be appointed from amongst the members of either House of the National Assembly.

[Act No.

21 of 1966, Sch.] ORGANISATION AND MEMBERSHIP OF THE SERVICE 5.

Members of the Service (1) The Service shall consist of such number of members as may from time to time, by notice in the Gazette, be prescribed by the Minister.

(2) The members of the Service shall be either servicemen or officers, such officers being gazetted officers, subordinate officers or under officers having the ranks and seniorities specified in the First Schedule to this Act.

(3) The Minister may, from time to time, by notice in the Gazette, amend the First Schedule to this Act.

6.

Secondment to the Service Any person in the civil or military service of Kenya, or any adviser or officer from any other country by arrangement with the Government, may be seconded by the Minister for service with the Service, for such period and at such rank in the Service as the Minister may approve: Provided that where a person is seconded to the Service in any particular rank he shall not thereafter be required to serve in any rank junior thereto without his consent, and if he can no longer be employed in the rank at which he was seconded, or in any rank senior thereto, his secondment shall, if he so wishes, be terminated.

7.

Appointment to, or enlistment in, Service (1) Gazetted officers and subordinate officers shall be appointed in the manner applicable to the appointment of other public officers.

(2) (a) Other members of the Service, who must be male or female citizens of Kenya between the ages of sixteen years and thirty years (both ages being inclusive), may be enlisted or re-enlisted by the Director, or by a gazetted officer authorized by him in that behalf, from persons who voluntarily offer themselves for enlistment or re-enlistment.

(b) Every member of the Service enlisted or re-enlisted under paragraph (a) of this subsection shall be enlisted initially to serve in the Service for a period of one year, or for such other period as the Minister may from time to time, by notice in the Gazette prescribe, and on the expiration of such period may, if he so wishes and the Director, or a gazetted officer authorized by him in that behalf so approves, be re-enlisted for a further period: Provided that a member desiring to re-enlist for a further term of service shall so apply not more than three months, or less than one month, immediately preceding the date of expiration of his current period of service.

[Issue 1] 6 [Rev.

2012] CAP.

208 National Youth Service (3) Every member of the Service being appointed or seconded or enlisted for the first time shall be required to make the declaration set out in the Second Schedule to this Act, either in English or in some other language that he understands.

8.

Termination of Service (1) The Minister may at any time during the period of secondment of a member terminate such secondment if, for any reason, the services of such member are no longer required.

(2) The appointment of a gazetted officer or a subordinate officer may be terminated, if his services are no longer required, in the manner applicable to other public officers.

(3) The Director may, at any time during the period of enlistment or re- enlistment of an under officer or serviceman, terminate such enlistment or re- enlistment if for any reason the under officers or servicemans services are no longer required.

9.

Resignation from the Service (1) An under officer or a serviceman may, at the discretion of the Director, or a gazetted officer authorized by him in that behalf, be permitted to resign from the Service before the expiration of his period of enlistment or re-enlistment on personal or compassionate grounds.

(2) A gazetted officer or a subordinate officer may be permitted to resign from the Service in the manner applicable to other public officers.

10.

Extension of Service during times of emergency Notwithstanding the foregoing provisions of this Act, any member of the Service whose engagement or secondment expires, or who wishes to resign, during a state of war, insurrection, hostilities or public emergency may be retained in the Service and his period of engagement or secondment prolonged for such further period, not being more than six months after the ending of such date, as the Minister directs: Provided that the provisions of this section shall not apply to a member seconded from another country, except with the consent of the government of the other country concerned and of the member concerned.

11.

Return of Service property (1) Every member on leaving the Service shall forthwith deliver up to such person as may be authorized in that behalf, any uniform, clothing, equipment or accoutrements supplied to him by or on behalf of the Service: Provided the Director, at his discretion, may authorize a member to retain items of clothing on leaving the Service.

(2) Any person who fails to comply with the provisions of subsection (1) of this section, or who returns such property in a damaged condition, the damage not being attributable to the proper discharge of his duties whilst a member of the Service, shall be liable for the cost of replacing or repairing such property, and such cost shall be a debt due from such person to the Government and may 7 [Issue 1] CAP.

208 [Rev.

2012] National Youth Service be recoverable by deduction from any moneys due from the Government to such person, or by civil suit for the whole amount, or for any balance due after such deduction as aforesaid.

12.

Members not to engage in trade, etc.

During his period of service with the Service no member shall engage himself in any trade, business or employment, or shall take part in any commercial or agricultural undertaking, outside the scope of his duties in the Service, except with the approval of the Minister in the case of a gazetted officer, or the Director in the case of any other member.

13.

Service may be divided into branches, etc.

(1) The Service shall be divided into such numbers and description of branches, units and sub-units as the Minister may from time to time, by notice in the Gazette direct.

(2) Any member, save an officer specifically seconded for a particular description of branch, unit or subunit (in which case he may be posted only to a branch, unit or subunit of that description), may at the discretion of the Director be posted to and employed in any branch, unit or subunit of the Service.

14.

Responsibilities of Director and officers in charge (1) The Director shall, subject to this Act and any subsidiary legislation made thereunder, and any directions given by the Minister, be responsible for the overall command, superintendence and direction of the Service, and may for this purpose from time to time issue Service Standing Orders (which shall not be required to be published in the Gazette).

(2) Subject to subsection (1) of this section, the member who is appointed as officer in charge of any description of branch, unit or sub-unit or combination of the same shall be responsible for the command, superintendence and direction of such branch, unit or sub-unit or such combination.

(3) The Director may, subject to this Act and any subsidiary legislation made thereunder, make such appointments or promotions to the ranks of under officer as he deems fit.

DUTIES AND EMPLOYMENT OF THE SERVICE 15.

Duties of members Every member of the Service shall (a) perform such duties and carry out such training as he may be directed by the officers senior to or placed in command over him; (b) obey and execute promptly all orders lawfully issued to him by the officers senior to him or placed in command over him.

16.

Functions of Service The functions of the Service shall be the training of young citizens to serve the nation, and the employment of its members in tasks of national importance and otherwise in the service of the nation.

[Issue 1] 8 [Rev.

2012] CAP.

208 National Youth Service 17.

Employment of Service in times of emergency (1) The President may, during a state of war, insurrection, hostilities or public emergency, order that the Service or any part thereof be employed to serve with the Kenya Military Forces, or otherwise in the defence of the nation, whether within or without Kenya.

(2) Where any part of the Service is, in pursuance of an order made under subsection (1) of this section, serving with the Kenya Military Forces, or otherwise in the defence of the nation whether within or without Kenya, such part of the Service shall for all purposes be deemed to be part of the Kenya Military Forces, and it shall be governed by and subject to all the laws relating to and governing the Kenya Military Forces in all respects as if such part of the Service were part of the Kenya Military Forces.

(3) Where any part of the Service is, in pursuance of an order made under subsection (1) of this section, serving with and as part of the Kenya Military Forces, the Minister for the time being responsible for internal security and defence shall make rules declaring which ranks of the Service shall correspond to which ranks of the armed forces, and shall make rules relating to the command of such part of the Service by members of the Kenya Military Forces.

DISCIPLINE 18.

Disciplinary Code and Regulations (1) The Director may issue a disciplinary code for the Service or any part of the Service, and in respect of under officers and servicemen may make regulations for the following matters (a) to make provision for the investigation of disciplinary offences and the hearing and determination of disciplinary proceedings; (b) to make provision for appeals; and (c) to prescribe disciplinary penalties and awards.

(2) The following disciplinary penalties and awards, or any combination thereof, may be included in such regulations for infringements of the disciplinary code (a) dismissal from the Service; (b) reduction in rank; (c) confinement in a guard room, or restriction to the confines of any camp or other area where a part of the Service is stationed, for not more than fourteen days; (d) fines; (e) stoppages of pay or allowances; (f) extra drills or parades or fatigues.

(3) Regulations issued under this section may provide that any member committing a disciplinary offence may be arrested without warrant by or on the order of an officer senior to himself or placed in command over him, and taken without delay before a gazetted officer, who may, if the circumstances so warrant, confine such member or cause such member to be confined in any building suitable for the purpose, pending the determination of disciplinary proceedings.

9 [Issue 1] CAP.

208 [Rev.

2012] National Youth Service (4) A person seconded to the Service from another country shall not be subject to the disciplinary code.

19.

Mutiny (1) Any member who takes part in a mutiny shall be guilty of an offence and shall be liable to imprisonment to a term of imprisonment not exceeding five years.

(2) In subsection (1) of this section, Mutiny for the purposes of this section means a combination between two or more members, or between persons, at least two of whom are members (a) to overthrow or resist lawful authority in the Service; or (b) to disobey any such authority in such circumstances as to make the disobedience subversive of discipline.

20.

Insubordinate behaviour Any member who (a) strikes or otherwise uses violence to, or offers violence to or incites any other person to use violence to an officer senior to or placed in command over him or such other person; or (b) uses threatening or insubordinate language to any officer senior to or placed in command over him, shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding one year.

21.

Liability for other offences Nothing in this Act or in the disciplinary code shall or shall be deemed to exempt any member from being proceeded against for any offence under any other written law.

22.

Desertion (1) Any member who absents himself from duty without leave or just cause for a period of twenty-one days shall, unless the contrary be proved, be deemed to have deserted from the Service.

(2) Any member who deserts from the Service or who is deemed to have deserted from the Service shall forfeit any pay or allowances due to him, and all rights in respect of any savings scheme operated by the Service.

(3) No pay or allowances shall be paid to any member in respect of any day during which he is absent from duty without leave, unless the Director otherwise directs.

REGULATIONS 23.

Minister may make regulations In addition to the powers to make regulations or orders provided in the foregoing provisions of this Act, the Minister may make regulations generally for the better carrying out of the purposes of this Act.

[Issue 1] 10 [Rev.

2012] CAP.

208 National Youth Service MISCELLANEOUS 24.

Causing disaffection, etc.

Any person who (a) causes or attempts to cause, or utters, prints or publishes any words or does any act calculated to cause disaffection amongst members; or (b) induces, or utters, prints or publishes any words, or does any act calculated to induce, any member to desert or commit any offence under this Act or any subsidiary legislation made thereunder or under the disciplinary code, shall be guilty of an offence and shall be liable to a term of imprisonment not exceeding two years.

25.

Unlawful possession of articles supplied to members (1) Any person, not being a member, or who has ceased to be a member, who is found in possession of any article whatsoever which has been supplied to a member, or is intended for supply to a member for use in the execution of his duty, and who fails to account satisfactorily for his lawful possession thereof, shall be guilty of an offence and liable to a term of imprisonment not exceeding six months.

(2) Any person who, without lawful authority (a) sells or otherwise disposes of, or purchases or otherwise acquires, any article whatsoever which has been supplied to, or is intended for supply to, a member for use in the execution of his duty; or (b) aids and abets any person in selling, disposing of, purchasing or acquiring any such article, shall be guilty of an offence and shall be liable to a term of imprisonment not exceeding six months.

26.

(Spent.) 27.

(Spent.) 28.

Finance The expenditure incurred in the establishment, maintenance and operation of the Service, including the payment of such allowances for members as the Minister may from time to time direct shall be defrayed out of moneys provided by Parliament.

29.

Member declared to be a workman Notwithstanding anything contained in any other written law, a member of the Service shall be deemed to be a workman, and the Government of Kenya shall be deemed to be the employer of such member, for the purposes of the Workmens Compensation Act (Cap.

236).

11 [Issue 1] CAP.

208 [Rev.

2012] National Youth Service 30.

Prohibition against members belonging to trade union (1) It shall not be lawful for any member of the Service to be or to become a member of (a) any trade union, or any body or association affiliated to a trade union; or (b) any body or association the objects, or one of the objects, of which is to control or influence conditions of employment in any trade or profession; or (c) any body or association the objects, or one of the objects, of which is to control or influence the pay, allowances or conditions of service of the Service.

(2) Any member of the Service who contravenes the provisions of this section shall be liable to be dismissed from the Service and to forfeit any pay or allowances due to him and all rights in respect of any savings scheme operated by the Service.

(3) If any question arises as to whether any body is a trade union, or body or association to which this section applies, the question shall be referred to the Minister, whose decision thereon shall be final and shall not be questioned in any court.

FIRST SCHEDULE [Section 5(2), L.N.

37/2003.] RANKS OF OFFICERS OF THE SERVICE IN ORDER OF SENIORITY Gazetted Officers: Director.

Senior Deputy Director.

Deputy Director.

Senior Assistant Director.

Assistant Director.

Senior Superintendent.

Superintendent.

Inspectorate: Chief Inspector.

Inspector.

Cadet Inspector.

Subordinate Officers; Senior Sergeant Major.

Senior Sergeant.

[Issue 1] 12 [Rev.

2012] CAP.

208 National Youth Service Sergeant.

Corporal.

Private.

Under Officers: Senior Serviceman Grade I.

Senior Serviceman Grade II.

Serviceman SECOND SCHEDULE [Section 7(3).] NATIONAL YOUTH SERVICE ACT DECLARATION I,.

do hereby swear by Almighty God [or do hereby solemnly and sincerely affirm] that I will give faithful and loyal service during this or any subsequent period of service as a member of the National Youth Service of Kenya, and that I will subject myself to all Acts, Subsidiary Legislation and Standing Orders or the disciplinary code relating to the said Service which may from time to time be in force.

.

(Signature of thumb-print of member) Declared by the said.

after the same had been read over and explained to him in the.

language, which he appeared to understand, at.

.

this.

day of.

20.

Before me,.

13 [Issue 1] [Rev.

2012] CAP.

208 National Youth Service [Subsidiary] CHAPTER 208 NATIONAL YOUTH SERVICE ACT SUBSIDIARY LEGISLATION List of Subsidiary Legislation Page 1.

Units and Subunits into which the Service has been Divided under section 13(1).

17 2.

Number of Members Prescribed under section 5(1).

19 3.

Period of Initial Enlistment Prescribed under section 7(2)(b).

21 4.

National Youth Service Regulations, 1966.

23 15 [Issue 1] [Rev.

2012] CAP.

208 National Youth Service [Subsidiary] Units and Subunits into Which the Service has been divided Under Section 13(1) [L.N.

317/1965, L.N.

28/1967, L.N.

29/1967, L.N.

135/1960, L.N.

214/1970.] Unit Nairobi Holding Unit.

Gilgil Training Unit Mombasa Vocational Training Unit.

Turbo Field Unit.

Marcabit Field Unit Yatta Field Unit Naivacha Womens Training Unit Sub-units Tumaini Harambee Farm, Sub-unit.

Garicca Road Construction Sub-unit.

Kenya-Ethiopia Road Construction Sub-unit Remote Area Airfields Construction Sub-unit Ol Magogo Training Sub-unit Central Stores and Workshop Sub-unit Settlement Roads Construction Sub-unit.

17 [Issue 1] [Rev.

2012] CAP.

208 National Youth Service [Subsidiary] NUMBER OF MEMBERS PRESCRIBED UNDER SECTION 5(1) [L.N.

319/1965.] The number of members of the Service shall not exceed seven thousand.

19 [Issue 1] [Rev.

2012] CAP.

208 National Youth Service [Subsidiary] PERIOD OF INITIAL ENLISTMENT PRESCRIBED UNDER SECTION 7(2)(B) [L.N.

318/1965.] Ten years.

21 [Issue 1] [Rev.

2012] CAP.

208 National Youth Service [Subsidiary] NATIONAL YOUTH SERVICE REGULATIONS, 1966 [L.N.

234/1966, Corr.

No.

73/1966.] REGULATIONS UNDER SECTION 18 1.

These Regulations may be cited as the National Youth Service Regulations, 1966.

2.

In this Part accused person means an under officer or serviceman accused of an offence against discipline; inquiry means an inquiry into an alleged offence against discipline.

3.

Any member, other than a person seconded to the Service from another country, who (1) strikes or otherwise uses violence to, or offers violence to, or incites violence to, any other member; or (2) uses any obscene, abusive or insulting language to any other member; or (3) causes a disturbance in any Service barracks, quarters, lines or camp; or (4) is guilty of drunkenness; or (5) drinks intoxicating liquor when on duty; or (6) is disrespectful in word, act or demeanour to any gazetted officer or subordinate officer who is senior to him in rank; or (7) wilfully disobeys any lawful command; or (8) absents himself without leave; or (9) is found sleeping on duty; or (10) leaves his post or place of duty before he is regularly relieved; or (11) being under arrest or in confinement, leaves or escapes from such arrest or confinement before he is set at liberty by proper authority; or (12) without lawful excuse, breaks out of Service barracks, quarters, lines or camp; or (13) neglects or refuses to assist in the arrest of any under officer or serviceman whom he has been lawfully ordered to arrest; or (14) resists any member whose duty it is to arrest him or have him in charge; or (15) unlawfully strikes any person or otherwise uses violence or offers unlawful violence to any other person; or (16) without reasonable cause, fails to attend at any parade, instruction class, working party or any other duty which he is required to attend; or (17) commits any plunder or wanton destruction of property; or (18) is idle and negligent in the performance of his duty; or (19) appears on any duty untidy or dirty in his person, clothing or equipment; or (20) is slovenly, inattentive, uncivil or quarrelsome; or (21) makes or signs any false statement in any document or official record; or (22) makes, or joins in making, any anonymous complaint; or 23 [Issue 1] CAP.

208 [Rev.

2012] National Youth Service [Subsidiary] (23) without proper authority, discloses or conveys any information concerning Service matters to any person not a member officially entitled to receive such information; or (24) malingers, or feigns any disease or infirmity, or wilfully causes to himself any disease or infirmity; or (25) is wilfully guilty of misconduct or wilfully disobeys, whether in hospital or elsewhere, any orders and so causes or aggravates any disease or infirmity or delays its cure; or (26) contracts any venereal disease and fails to report without delay to a medical officer for treatment; or (27) makes a statement which is false in any material particular on joining the Service; or (28) refuses or neglects to make or send any report or return which it is his duty to make or send; or (29) wilfully makes any false accusation against any other member or other person; or (30) in making a complaint against any other member or other person, wilfully makes a false statement affecting the character of such member or other person or wilfully suppresses any material fact; or (31) engages without authority in any other employment, office or business under-taking; or (32) becomes security for any person, or engages in any loan transaction with any other member, without the authority in writing of the Director; or (33) sells, pawns, losses by neglect, makes away with, wilfully or negligently damages or fails to report any loss or damage to any accoutrement, uniform or other article of personal issue or any vehicle or other property committed to his charge belonging to the Government or for which the Government is responsible; or (34) permits an unauthorized person to enter any Service barracks, quarters, lines or camp; or (35) is guilty of any act, conduct, disorder or neglect to the prejudice of good order and discipline, not hereinbefore specified, shall be guilty of an offence against discipline.

[L.N.

234/1966, Corr.

No.

73/1966.] 4.

Every member, other than an under officer, a serviceman or a person seconded to the Service from another country, shall be subject to the like regulations as are applicable to public officers, so far as the same are not inconsistent with any regulations made under the Act as far as the same may be applicable.

5.

Any member of the Service, other than a person seconded to the Service from another country, who commits one of the offences against discipline specified in regulation 3 of these Regulations may be arrested without warrant by or on the order of an officer senior to himself or placed in command over him and taken without delay before a gazetted officer, who may, if the circumstances so warrant, confine such member or cause such member to be confined in any building suitable for the purpose, pending the determination of disciplinary proceedings.

6.

(1) The Director, or any gazetted officer, or the officer in charge of the branch, unit or sub-unit or combination of the same, may inquire into the truth of any charge under under the provisions of section 3 of these Regulations brought against an under officer or serviceman, and if he finds the accused person guilty of the charge he shall convict him and may award any one or more of the following punishments (a) warning; [Issue 1] 24 [Rev.

2012] CAP.

208 National Youth Service [Subsidiary] (b) reprimand; (c) extra drills or parades or fatigues; (d) confinement in a guard room or restriction to the confines of any camp or other area where a part of the Service is stationed, for not more than fourteen days; (e) fine, not exceeding one-half of one months pay and allowances; (f) reduction in rank; (g) dismissal from the Service; (h) in case of a charge relating to damage or loss of Government property, payment of the value of the property damaged or lost; (i) stoppage of pay or allowances.

(2) Any punishment imposed by a gazetted officer or officer in charge under one of the subparagraphs (e), (f), (g) and (h) of paragraph (1) of this regulation shall be subject to confirmation by the Director.

(3) Whether any punishment imposed by a gazetted officer or an officer in charge under this regulation requires the confirmation of the Director or not, the Director may enhance, vary or remit any punishment so imposed: Provided that (i) no punishment shall be enhanced unless the accused person has been given an opportunity of being heard by the Director, or by a gazetted officer or a subordinate officer nominated for that purpose by the Director; and (ii) no punishment may be awarded beyond that prescribed by this regulation.

(4) (a) Any punishment of a kind described in paragraph (2) of this regulation may be suspended by the Director for such period, not exceeding six months, as the Director may determine.

(b) Where any punishment has been suspended in this way, the Director shall at the expiration of the period of suspension review the case, and may thereupon order the punishment to be remitted or reduced, in which case he shall cause any entry relating to the offence which has been made in the records of the offender to be expunged or altered, as the case may be, or he may order the punishment to be forthwith carried into execution.

(c) If during the period of suspension the offender is convicted of a further offence against discipline, the suspended punishment shall forthwith be carried into execution.

7.

(1) Any under officer or serviceman who has been convicted of an offence against discipline by a gazetted officer or an officer in charge may within fourteen days of such conviction appeal to the Director against the conviction or against the punishment or against both the conviction and the punishment.

(2) The Director on receiving any appeal may, after hearing the appellant or without hearing the appellant, dismiss or allow the appeal or vary the conviction or punishment: Provided that he shall not increase or add to the punishment unless the appellant has been given an opportunity of being heard by the Director, or by an officer nominated for that purpose by the Director.

(3) The Director may dismiss from the Service or reduce in rank any under officer or serviceman who is convicted of any offence by a court.

25 [Issue 1] CAP.

208 [Rev.

2012] National Youth Service [Subsidiary] 8.

(1) Any member of the Service may be interdicted or suspended from duty by the Director, pending an inquiry into the conduct of the officer.

(2) Such member while under interdiction or suspension shall continue to be subject to the same discipline and penalties and to the same authority as if he had not been interdicted or suspended.

9.

(1) All fines or stoppages imposed on an under officer or serviceman in respect of a disciplinary offence under these Regulations or an offence under the Act may be recovered from the offenders pay and allowances due to him at the time of committing such offence or thereafter accruing to him.

(2) The amount recovered in respect of such fines or stoppages shall be in the discretion of the officer by whom the fine or stoppage was imposed, but shall in no case exceed one-half of the monthly pay or allowance of the offender, and whenever more than one order of stoppage is in force against the same person not more than one-half of his monthly pay and allowances shall be stopped.

(3) Where more than one order of recovery of fines or stoppages is made upon the same person, the order or orders later in date shall if necessary be suspended until the earlier order has been discharged.

10.

In all inquiries into disciplinary offences, the presiding officer shall satisfy himself that the accused person brought before him is the person named in the charge sheet (which shall be made out in the form in the Schedule to these Regulations), and shall then proceed as follows (a) record that the accused person is before him and that he has been charged with the particulars of the offence as shown in the charge sheet; (b) record that the accused admits that he understands the charge and has been required to plead thereto; (c) record the plea of the accused, which should be recorded in the language used by the defaulter; (d) a plea of not guilty shall be recorded as such and an equivocal plea shall be treated and recorded as a plea of not guilty; (e) if the plea is one of not guilty, the presiding officer shall hear all the prosecution witnesses, and the defaulter shall be given the opportunity to cross-examine them; notes of the salient points made by the prosecution shall be recorded; (f) after hearing the prosecution witnesses the presiding officer shall then decide whether a prima facie case has been established against the accused.

If the evidence for the prosecution appears to the presiding officer to be unconvincing or conflicting, he shall record dismissal of the charge, but if a prima facie case has been made out, the defaulter shall be asked to make his own statement and to call witnesses in support of his defence; the presiding officer shall closely examine the accused and the defence witnesses to see whether he is satisfied beyond reasonable doubt as to the guilt of the accused; (g) on reaching the conclusion that the accused is guilty of the charge, the presiding officer shall record a short judgment on the case, giving his reasons for reaching his conclusions; after recording anything the offender has to say in mitigation, sentence shall then be passed and the case record signed and dated; a further signed certificate shall then be added to the case record by the presiding officer that the offender has been informed of his right to appeal to higher authority against the decision and his election in this regard shall be recorded and signed by him; [Issue 1] 26 [Rev.

2012] CAP.

208 National Youth Service [Subsidiary] (h) if a charge is dismissed or the accused person is subsequently found not guilty, no entry shall be made in the punishment register or on the accused persons record of service; if a punishment is awarded which does not require confirmation, the necessary extracts from the charge sheet and the case-record shall be written in the punishment register and the offenders record of service, but if the defaulter appeals against the decision no entry shall be made in the record of service until the result of the appeal is made known and only the final decision shall be recorded, when both the original award and the final decision shall be recorded in the register; (i) the charge sheet and case record shall be filed and carefully preserved.

11.

In the exercise of disciplinary powers, presiding officers shall constantly bear in mind the following principles (a) that no punishment shall be awarded unless there has been full and careful inquiry and the presiding officer is satisfied beyond reasonable doubt that the offence has been committed; (b) that where there is doubt as to the true facts the accused must be given the benefit of the doubt and the charge dismissed; (c) that no person shall be punished until he has had an opportunity of hearing the charge and evidence against him, of making his defence and of calling witnesses in support of his defence; (d) that no person may be punished twice for the same offence.

[Corr.

No.

73/1966.] SCHEDULE [Regulation 10.] NATIONAL YOUTH SERVICE Charge Sheet No.

.

Rank.

Name.

Field Unit.

Project Camp.

Date of Offence.

Date of Proceedings.

Charge contrary to regulation.

of the National Youth Service Regulations.

Particulars of offence.

.

.

.

Witnesses .* Plea.

Judgment.

Sentence.

The Accused Person wishes/does not wish to exercise his right of appeal against conviction/ punishment/conviction and punishment.

Signature of Accused Person.

27 [Issue 1] CAP.

208 [Rev.

2012] National Youth Service [Subsidiary] SCHEDULEcontinued Presiding Officer.

Signature.

Designation.

Date.

Confirmed by.

Signature.

Designation.

Date.

Accused Person enlisted.

Date of offence.

Number of previous offences.

General character.

.

* Precis of evidence to be attached.

[Issue 1] 28.