Defense Service Law
(1986)
(Note: does not include changes to the law since
1986.)
Chapter One: Interpretation
Definitions:
- In this law
"medical board" and "higher medical
board" means a medical board, and a higher medical board,
constituted by virtue of section 51;
"time", for the purposes of the duty
of reporting under this Law, includes a period of time beginning
on a particular day or upon the doing of a particular thing or
upon the occurrence of a particular event;
"the Rehabilitation Laws" means the
Invalids (Pensions and Rehabilitation) Law (Consolidated Version)
5719-1959[1],the Fallen Soldiers Families (Pensions and Rehabilitation)
Law, 5710-1950[2], the Discharged Soldiers (Reinstatement in Employment)
Law, 5709-1949[3] and any such other Law as the Minister of Defence
may declare to be a Rehabilitation Law;
"person of military age" means an
Israel national, or a permanent resident, of an age as specified
hereunder:
(1) in the case of a male person - any age
from eighteen to fifty-four years;
(2) in the case of a female person - any age
from eighteen to thirty-eight years.
"person designated for defence service"
means an Israel national, or a permanent resident, who has not
yet reported for defence service and is of an age as specified
hereunder:
(1) in the case of a male person - any age
from eighteen to fifty-four years;
(2) in the case of a female person - any age
from eighteen to fifty-four years.
"calling-up officer" means a person
appointed under section 50 to be a calling-up officer;
"physician" means a person authorized
or entitled to be authorized to practice medicine under the Physicians
Ordinance (New Version), 5737-1976 [4];
"dentist" means a person authorized
or entitled to be authorized to practice dentistry and the Dentists
Ordinance (New Version), 5739-1979[5];
"defence service" means regular service
or reserve service;
"regular service" means service in
the Regular Forces of the Israel Defence Forces;
"reserve service" means service in
the Reserve Forces of the Israel Defence Forces; "permanent
resident" means a person whose permanent place of residence
is in the area to which the law of the State of Israel applies
or whose stay is deemed by virtue of section 45 to be permanent
residence.
Calculation of Age
2. For the purposes of this law
(1) the calculation of age shall be in accordance
with the Jewish calendar;
(2) a person who attains a particular age in a particular year
of the Jewish calendar shall be regarded
(a) if he attains that age after the 1st
Tishrei and before the 1st of Nisan of that year - as having
attained that age on the 1st of Tishrei of that year;
(b) if he attains that age after the 1st
of Nisan of that year - as having attained that age on the
1st of Nisan of that year;
(c) the determination of age shall be governed
by the provisions set out in the schedule.
Chapter Two: Reporting for Registration and Examination
Reporting for registration
3.
(a) The calling-up officer may, by order,
call upon any person designated for defence service or person
of military age to report for registration at such place and
time as the calling-up officer or a person empowered by him
in that behalf has prescribed by order.
(b) A person called upon to report as aforesaid shall report
at the place and time prescribed as aforesaid and shall give
to the calling-up officer or a person appointed by him in
that behalf such particulars relating to himself as have been
determined by regulations.
(c) Where a person has been called upon
to report as aforesaid and, after he has fulfilled his obligations
under subsection (b), a change occurs in any of the particulars
therein referred to, such particular having been referred
to by regulations as a material particular, such person shall
notify the calling-up officer of such change within fourteen
days from the day on which it occurs.
(d) A person designated for defence service,
or a person of military age, who has reported for registration
by virtue of this section shall always carry with him a certificate
attesting his reporting, as provided by regulations, and shall
produce it on demand to a police officer and also to a calling-up
officer or a person empowered by him in that behalf.
Preliminary examination
4.
(a) Where a person designated for defence
service, having been called upon to report for registration
under section 3, has not yet reported for examination under
section 5, a calling-up officer may, by order, call upon him
to report for a preliminary examination to be carried out
in conduction with the registration, if the calling-up officer
is of the opinion that such an examination is required in
order to effect the registration or to expedite the examination
proceedings under section 5.
(b) A person designated for defence service who is called
upon to report as aforesaid shall report at the place and
time prescribed in the order of the calling-up officer or
a person empowered by him in that behalf and undergo any of
the types of examination designated by the Minister of Defence
for this purpose by regulations.
Reporting for fitness examination
5.
(a) A calling-up officer may, by order,
call upon any person of military age to report, at the place
and time prescribed in the order, with a view to determining
his fitness for defence service.
(b) A person of military age who has been
called upon to report as aforesaid shall report at the place
and time prescribed in the order of the calling-up officer
or a person empowered by him in that behalf and shall undergo
any examination which in the opinion of a medical board is
necessary in order to determine his medical fitness for defence
service and shall also undergo, in accordance with instructions
of the calling-up officer or a person empowered by him in
that behalf, any other examination for the purpose of determining
his general fitness for defence service, including an examination
for the purpose of determining the measure of his suitability
for a particular assignment in the defence service. The tests
for the various degrees of medical fitness shall be prescribed
by regulations.
(c) When a medical board has completed the
examination of a person of military age, it shall state whether
it finds such person medically fit for defence service.(hereinafter:
"fit for service") or temporarily unfit for service
in medical respect (hereinafter: "temporarily unfit for
service").
Reexamination
6.
(a) Where a person of military age has been
found unfit for service or C, temporarily unfit for service,
the calling-up officer may call upon him, by order, to report
for reexamination for the purpose of determining his fitness
for service (hereinafter referred to as "reexamination"),
and he shall report at the place and time prescribed in the
order of the calling-up officer or a person empowered by him
in that behalf.
(b) The power vested ire the calling-up officer by subsection
(a) is also vested in him in respect of a person of military
age who, having served in regular service or belonged to the
Reserve Forces, has been exempted from regular service or reserve
service by reason that he has been found unfit for service or
temporarily unfit for service.
(c) Where a person, having been found unfit
for service, is found fit for service upon reexamination, then,
whether he has not yet been called up for regular service or
whether he has already been called up for regular service but
has not yet completed the period of service to which he is liable
under this law, a calling-up officer may call upon him by order
(1) if he has not yet completed his 23rd
year - to report for regular service or the completion of
his regular service;
(2) if he has completed his 23rd year -
to report for regular service or the completion of his regular
service for a period not exceeding six months or not exceeding
the balance of the period of service to which he is liable
under this Law, whichever is less;
(3) whether or not he has completed his
23rd year - to report for regular service or the completion
of his regular service for a period as provided in section
15 or 16, according to his age, if he is a physician or dentist,
and a person so called upon shall report as aforesaid.
(d) Where a person, having been found temporarily
unfit for service, is found fit for service upon reexamination,
then, even if he has already been called up for regular service,
he may, so long as he has not completed the period of service
to which he is liable under this Law, be called upon by a calling-up
officer, by order, to report for the completion of the period
of service to which he is liable under this Law, and a person
so called upon shall report as aforesaid.
(e) The medical board shall at every reexamination
apply the tests in force at the time of the reexamination.
Further exam
7. Where a medical board has found a person of military
age fit for service, unfit for service or temporarily unfit for service,
the board shall notify its decision, in writing, to the person of
military age and to the calling-up officer, and they may, on conditions
prescribed by regulation, request that the medical board or the higher
medical board, as the case may be, subject the person of military
age to a further examination and determine his fitness for service.
Medical exams of 17 year olds
8. A calling-up officer may, by order, call upon
an Israel national or permanent resident who has completed his seventeenth
year to report for medical examination, at the place and time prescribed
in the order, for the purpose of determining his fitness for defence
service, and section 2(2) shall not apply to the calculation of his
age; where such an order has been made, the provisions of sections
5(b) and (c), 6 and 7 shall apply to the Israel national or permanent
national as if he were a person of military age.
Immunization measures
9. A calling-up officer may, by order, with the
approval of two physicians, direct that a person designated for defence
service shall, at the place and time specified in the order, be immunized
by innoculations and vaccinations (both hereinafter referred to as
"immunization measures") against a particular disease, and
the person in respect of whom the order is made shall report, and
enable the immunization measures to be taken, as set out in the order.
Application of Rehabilitation Law to person harmed by exam or immunization
10.
(a) Where a person designated for defence service,
or a person of military age not serving in defence service, suffers
any harm in consequence of an examination or immunization measure
under this chapter, the Rehabilitation Laws shall apply to him and
the members of his family as if when suffering the harm he had been
in defence service and the harm had occurred in the period and in
consequence of his service; and if he does not serve in defence
service after the harm occurred he shall, for the purposes of the
Invalids (Pensions and Rehabilitation) Law (Consolidated Version),
5719-1959, be deemed to have been discharged from the service on
the date when he was found under this Law to be unfit for service
or was exempted therefrom. For the purposes of this section, "harm"
means illness, aggravation of illness or injury.
(b) Wherever in any enactment reference is made to the Rehabilitation
Laws, such reference shall be deemed to include subsection (a) unless
the context otherwise requires.
Order to provision of means of identification
11. A calling-up officer may, by order, call upon
any male person designated for defence service or of military age
to report, at the place and time prescribed in the order of the calling-up,
officer or a person empowered by him in that behalf, for the purpose
of providing such means of identification as the Minister of Defence
may have prescribed by regulations. The person to whom the order applies
shall report at the place and time prescribed as aforesaid for the
purpose of providing means of identification.
Non-reporting for examination not to relieve from
duty of reporting for defence service
12.
(a) Where a person designated for defence service
has been called upon to report for determination of his fitness
for defence service and has not so reported, or reported has refused
to be examined or to complete the examinations, a calling-up officer
may call upon him to report for defence service, under section 13
or 27, as the case may be, if he is at the time of military age,
even though his fitness for defence service has not yet been determined;
but he shall not begin military training so long as he has not been
medically examined for the purpose of determining his medical fitness
for defence service and been found fit for service; and the provisions
of sections 5 to 8 shall apply to the examination mutatis mutandis;
the examination shall take place within one month of his reporting,
and if he refuses to be examined, he shall be treated as a person
who has contravened section 122 of the Military Justice Law, 5714-1955[6].
(b) Subsection (a) shall apply mutatis mutandis,
to a person of military age found temporarily unfit for service
who has been called upon to report for reexamination under section
6 and does not report or, having reported, refuses to be examined
or to complete the examinations.
Chapter Three: Regular Service
Reporting for regular service
13. A calling-up officer may, by order, call upon
(1) a male person of military age found fit for
service who is of any age from eighteen to twenty-nine years or,
being a physician or dentist, is of any age from thirty to thirty-eight
years; and
(2) female person of military age found fit for service who is of
any age from eighteen to twenty-six years or, being a physician
or dentist, is of any age from twenty-seven to thirty eight years
to report, within the periods mentioned in section 20, for regular
service at the place and time prescribed in the order by the calling-up
officer or a person empowered by him in that behalf, and such person
of military age shall report as aforesaid.
Reporting for service upon application
14.
(a) Where an Israel national or permanent resident
who has not yet attained the age of eighteen years is found fit
for service, a calling-up officer may, by order, call upon him
to report for regular service if he applies therefor in writing
and his parents or guardian give or gives their or his consent
and he has completed his seventeenth year.
(b) Where an order under this section is made,
the provisions of this Law shall apply to the person in respect
of whom the order is made as if he were a person of military age
who has attained the age of eighteen years and been called upon
to report for regular service under section 13.
(c) Section 2(2) shall not apply in calculating
whether or not a person has completed his seventeenth year.
Time of service of male person
15. A male person of military age who is called
upon to report for regular service under section 13 or 14 shall be
liable to regular service
(1) if he is called upon to report for regular
service while being of any age from eighteen to twenty-six years
- for a period of thirty months;
(2) if he is called upon to report for regular
service while being of any age from twenty-six to twenty-nine years
or while being a physician or dentist and being of any age from
twenty to thirty-four years - for a period of twenty-four months;
but if he came to Israel as an oleh after attaining the age of twenty-seven
years he shall be liable to regular service for a period of eighteen
months only;
(3) if he is called upon to report for regular
service while being a physician or dentist and being of any age
from twenty-five to thirty-eight years - for a period of twelve
months.
Time of service of female person
16. A female person of military age who is called
upon to report for regular service under section 13 or 14 shall be
liable for regular service
(1) if she is called upon to report for regular
service while being of any age from eighteen to twenty-six years
or while being a physician or dentist and being of any age from
twenty-seven to thirty-four years, for a period of twenty-four months;
but if she came to Israel as an olah after attaining the age of
twenty-seven years she shall be liable to regular service for a
period of eighteen months only;
(2) if she is called upon to report for regular
service while being a physician or dentist and being of any age
from thirty-five to thirty-eight years - for a period of twelve
months.
Volunteering for defense service
17.
(a) A person not liable for regular service
may volunteer for service in the regular forces of the Israel
Defence Forces, and a person not liable for reserve service may
volunteer for service in the reserve forces of the Israel Defence
Forces, on condition that he has attained at least the age at
which a person may be called up for service under section 14.
(b) A person liable for regular service under this Law may volunteer
for a period of regular service additional to that for which he
is liable, whether he has et begun to serve in regular service
or is so serving at the time, or has been discharged from the
service; and a person liable for reserve service under this Law
may volunteer for a period of reserve service additional to that
for which he is liable.
(c) Volunteering under this section shall be
by declaration signed by the volunteer and shall require the approval
of the Minister of Defence. The declaration shall specify the
period of volunteering.
(d) A person serving, with the approval of the
Minister of Defence, as volunteer under this section shall, for
the purposes of his rights and duties under any enactment, be
located as a person serving in regular service or reserve service,
as the case may be, by virtue of this Law.
(e) A person who volunteers for regular service
or an additional period regular service or for reserve service
or an additional period of reserve be liable to service until
the expiration of the period specified in the volunteering declaration
unless the Minister of Defence directs that he shall be discharged
at an earlier date: Provided that a person who volunteers for
reserve service or a additional period of reserve service shall
be discharged before the expiration of the period specified in
the declaration if at a date prescribed by regulations he give
advance notice in writing of his desire to be discharged.
(f) The Minister of Defence may prescribe by
regulations period of volunteering for service and rules as to
the admission of volunteers to the service an their discharge
therefrom.
(g) The period for which a person has served
in regular service as a volunteer shall be deducted from the period
of regular service to which he is liable.
(h) This section shall not apply to admission
to, or discharge from, permanent service.
Time of service of absentee from service
18. Where a person, during the period of his regular
service, is imprisoned for an offence under a judgment of a court
martial or any other court or under a judgment of a senior disciplinary
officer, or is absent from the service unlawfully or by permission
obtained under false pretences and is convicted thereof in accordance
with law and, if he has a right of appeal, does not appeal against
the conviction, or has his appeal against the conviction dismissed,
then, unless the court martial, other court or senior disciplinary
officer directs otherwise, the period of his imprisonment or absence
shall not, for the purpose of calculating the time of service, be
regarded as a period during which he fulfilled his duty of regular
service.
Penalty imposed after discharge from service
19. Where after discharge from regular service a
person is convicted in accordance with law of unlawful absence from
the service or of absence with permission obtained under false pretences
and, if he has a right of appeal, he does not appeal against the conviction
or has his appeal against the conviction dismissed, and the court
martial or senior disciplinary officer does not direct that for the
purpose of calculating the time for service the period of absence
shall be regarded as a period in which he fulfilled his duty of regular
service, the calling-up officer may call upon him to report for completion
of the period of regular service to which he would have been liable
had he not been discharged.
Period of call to report for regular service
20.
(a) A person of military age shall not be called
upon to report for regular service unless the time specified for
reporting is within a period specified hereunder:
(1) in the case of a person who was an Israel
national or permanent resident resident on attaining the age of
eighteen years - within twenty-four months of his attaining such
age;
(2) in the case of a person who became an Israel
national or permanent resident after attaining the age of eighteen
years - within twenty-four months from the day on which he became
a national or resident as aforesaid, but not without his consent
within six months from that day.
(b) A person of military age whose regular service
has been deferred, upon his application, under section 36 may be
called upon to report for regular service if the time prescribed
for his reporting is within twelve months from the expiration of
the period of deferment or within the period prescribed by subsection
(a), whichever time ends later;
(c) Where a person designated for defence service
is found temporarily unfit for service, a period prescribed for
this purpose by regulations in respect of the test by which he has
been found temporarily unfit for service shall not be included in
computing the period under subsection (a) or (b); the period not
to be so included shall begin again after each reexamination if
the person is again found temporarily unfit for service.
(d) Subsection (a) shall not apply to a person
called upon to report for regular service under section 6(c) or
(d) or section 19.
Duty of agricultural training
21.
(a) The first twelve months of the regular service
of a person of military age shall, after basic military training,
be devoted mainly to agricultural training, as shall be prescribed
by regulations: provided that in the case of a person of military
age tested for service in the Air Force or the Navy the Minister
of Defence may direct that his period of service assigned for
agricultural training shall be devoted, wholly or partly, to service
in the Air Force or the Navy, as the case may be.
(b) The period of regular service of a female
person shall, after the period of agricultural training, be devoted
to duties which shall be prescribed by regulations.
(c) The branches of farming the training in
which shall be considered an agricultural training, and the order
and regime of agricultural training, shall be prescribed by regulations.
(d) Until the 1st Tishrei, 5746 (16th September,
1985), the Minister of Defence may direct, in respect of a person
of military age, that, notwithstanding the provisions of subsection
(a), his period of regular service assigned for agricultural training
shall, wholly or in part, be deferred or be devoted to regular
service other than agricultural training.
Preservation of settlement nuclei
22.
(a) The Minister of Defence shall make regulations
with a view to safeguarding, in carrying into effect the provisions
of this chapter, the integrity of settlement nuclei.
(b) The provisions of section 21(d) shall be
of no effect in respect of members of a settlement nucleus to
which regulations made under subsection (a) apply, except regarding
members of such a nucleus who are sent, for training or service,
to defence service command duties: Provided that the members of
the latter, in relation to the number of the other members of
the other members of the nucleus, shall not exceed a percentage
prescribed by regulations.
Assurance of elementary education
23. Where the education of a soldier serving in
the defence service falls short of a level of elementary education
determined by regulations, three months of his regular service shall
be allotted to the provision of an education, in the manner and under
conditions prescribed by regulations. The regulations shall be made
with the consent of the Minister of Education and Culture after consultation
with the Foreign Affairs and Security Committee of the Knesset.
Service in the Border Police
24.
(a) The Minister of Defence, in consultation with
the Minister of Police or a person empowered by him in that behalf,
may, by order, direct that a male person of military age who has
been found fit for service and who is of any age from eighteen to
twenty-nine years serve in the Border Police, which forms part of
the Israel Police and is hereinafter referred to as "the Border
Police", during the whole or any part - as may be specified
in the order - of the period of the regular service to which he
is liable, whether or not he has already commenced that service,
and such person shall thereupon report for service in the Border
Police in accordance with the order.
(b) Unless otherwise expressly provided in this
Law, service in the Border Police under this Law shall, for the
purposes of this Law and of the Rehabilitation Laws, be deemed to
be regular service.
Power and duties of person serving in the Border Police
25.
(a) So long as a person of military age is serving
in accordance with an order under section 24(a), he shall not, for
the purposes of the Military Justice Law, 5715-1955, and the regulations
thereunder, be regarded as a soldier within the meaning of section
I of that Law.
(b) A person of military age serving as aforesaid
shall be treated as a police officer as to everything relating to
his powers and duties, including disciplinary rules:
Provided that -
(1) the provisions of section 2 of the Police
Ordinance (New Version), 5731-1971[8], concerning the power to discharge
or dismiss a police officer and the provisions of section II, 12,
13 and 18 to 20 and Chapter Four of that Ordinance shall not apply
to him;
(2) his pay shall be the same as that of a person
of military age serving in regular service.
Continuance of regular service after termination of
service in Border Police
26. Where the service of a person of military age
in the Border Police has ended in accordance with an order under section
24(a) or through the cancellation of the order, and the period of
regular service to which he would have been liable but for the order
has not yet elapsed, that person shall be liable to regular service
until the expiration of that period.
Chapter Four: Reserve Service
Duty of reserve service
27.
(a) A person of military service found fit for
service an not being on regular service shall belong to the reserve
forces of the Israel Defence Forces and shall be liable to annual
reserve service and monthly reserve service for the periods specified
in this chapter.
(b) A person of military age liable for reserve
service as aforesaid may b called upon by a calling-up officer,
by order, to report for reserve service at the place and time prescribed
in the order and, if so called upon, shall report accordingly.
(c) A person of military age liable to reserve
service as aforesaid an belonging to a unit of the reserve forces
of the Israel Defence Forces may be called upon by any of his commanders
of the rank of segen mishne[9] or over, in such manner as the commander
may think fit, to report for reserve service with his unit a the
place and time prescribed by the commander and, if so called upon,
shall report accordingly. For the purposes of section 55(b) to (f),
a call-up for reserve service under this subsection shall be regarded
as an order.
Monthly reserve service
28. The period of monthly reserve service is one
day every month or two consecutive days every two months or three
consecutive days every three months of twelve hours in installments
every month, as the calling-up officer or commands may in each case
prescribe in accordance with section 27: Provided that
(1) save with the consent of the person of military
age, days of monthly service shall not, by having one monthly
service period follow immediately upon another, be combined into
a total period exceeding three days and
(2) such days or hours shall not fall on a Sabbath
or Jewish religion holiday.
Annual reserve service
29.
(a) The period of annual reserve service is
-
(1) in the case of a man of any age from eighteen
to thirty-nine years or a woman of any age from eighteen to
thirty-four years - up to thirty-one days of service every year;
(2) in the case of a man of any age from thirty-nine
to fifty-four years up to fourteen days of service every year;
(3) in the case of a man or woman of the rank
of rav turai[10] or over - up to seven days service every year
in addition to the days of service mentioned in paragraph (1)
or (2).
(b) Annual reserve service shall be continuous,
but a commander as referred to in section 27(c) may direct that
the period of service of a person of military age in a particular
year shall be divided
(1) into two spells if the Chief of the General
Staff of the Israel Defence Forces or a commander of the rank
of aluf[11] empowered by him in that person of military age
or in respect of the category of ray age persons of military
age to which he belongs;
(2) into two or more spells if the person
of military age has consented thereto in writing.
Reserve service in HAGA
30. A male person of military age, being of any
age from forty-five to fifty-four years, shall not be called upon
to serve in reserve service except in HAGA, within the meaning of
the Civil Defence Law, 5711-1951[12] This restriction shall not apply
to a person of military age of or over the rank of segen mishne or
who is skilled in an occupation which the Minister of Defence, by
regulations, has designated as a required occupation for the purpose
of this section.
Time of reserve service of absentee
31. Where a person of military age, while in reserve
service, is imprisoned for an offence under a judgment of a court
martial or any other court or under a judgment of a senior disciplinary
officer, or is absent from the service unlawfully or by permission
obtained under false pretences and is convicted thereof in accordance
with law and, if he has a right of appeal, does not appeal against
the conviction or has his appeal against the conviction dismissed,
then, unless the court martial, other court or senior disciplinary
officer otherwise directs, the period of his imprisonment or absence
shall not, for the purpose of calculating the time of service, be
regarded as a time during which he fulfilled his duty of reserve service.
Regulation for calculation of time
32. The Minister of Defence may prescribe by regulations
(1) the mode of calculating the year for the purposes
of sections 27 to 31;
(2) the scope of the application of the provisions of sections 27
to 31, in respect of any particular year, to a person who completes
his regular service in that year;
(3) the way of dealing with a period of annual
reserve service which begins towards the end of one year and continues
without a break into the following year.
Imposition of duties otherwise than during time of
service
33. The Minister of Defence may, with the approval
of the Foreign Affairs and Security Committee of the Knesset, by regulations,
impose duties on persons of military age belonging to the reserve
forces of the Israel Defence Forces at a time when such person are
not in service, and prescribe that non-fulfilment of such duties shall
be an offence under regulations as aforesaid, if the purpose thereof
is to ensure the proper functioning of the Israel Defence Forces and
to safeguard the property entrusted to persons of military age as
aforesaid.
Service under order of Minister of Defence
34.
(a) The Minister of Defence may, if he is satisfied
that the security of the State so requires -
(1) call upon any person of military age who
belongs to the reserve forces of the Israel Defence Forces, by
order to report for regular service or reserve service, as specified
in the order, at the place and time prescribed therein, and to
serve as long as the order is in force;
(2) empower a commander as referred to in section
27(c) or a calling-u officer, by order, to call upon a person
of military age, by order, to report and serve as aforesaid, and
such person of military age shall report an serve accordingly.
(b) An order of the Minister of Defence, issued
under subsection (a), t report for regular service or reserve service
and an order of a commander o calling-up officer issued under subsection
(a) for standby purposes shall, as soon a possible after they are
issued, be brought by the Minister of Defence to the notice o the
Foreign Affairs and Security Committee of the Knesset.
(c) The Committee may confirm an order as referred
to in subsection (b with or without modification, or refrain from
confirming it or lay it before the Knesset. The order shall expire
fourteen days from the date of its issue save if an as confirmed
before then by the Committee or the Knesset.
(d) The provisions of subsections (b) and (c)
shall not apply to an order of calling-up officer or commander under
subsection (a)(2) issued before the 11th Kislev, 5745 (5th December,
1985).
Application of military law
35.
(a) A person of military age liable to report
for regular service shall belong to the regular forces of the Israel
Defence Forces from the time prescribed by word for his so reporting.
If he fails to report without sufficient excuse, he shall be deemed
to have left the service without permission at such time.
(b) A person of military age liable to report
for reserve service shall b deemed to be in service from the time
prescribed by order or by call-up under section 27(c) for his so
reporting. If he fails to report without sufficient excuse, h shall
be deemed to have left the service without permission at such time.
Power to exempt from or defer service
36. The Minister of Defence may, by order, if he
sees fit to do so for reasons connected with the size of the regular
forces or reserve forces of the Israel Defence Forces or for reasons
connected with the requirements of education, security settlement
or the national economy or for family or other reasons
(1) exempt a person of military age from the
duty of regular service or reduce the period of his service;
(2) exempt a person of military age from the
duty of reserve service for a specific period or absolutely;
(3) on the application of a person of military
age or a person designated for defence service other than a person
of military age, defer by order, for a period prescribed therein,
the date of reporting prescribed for that person, under this Law
or regulations thereunder, for registration, medical examination,
defence service or, if he has already began to serve in defence
service, the continuance thereof.
Conditions of deferment of service
37.
(a) Deferment of service under section 36(3) may
be conditional or unconditional. Where deferment is conditional,
the person to whom the deferment order applies shall fulfill the
condition, and if owing to a change in circumstances he is no longer
able to fulfill it he shall, within seven days from the day on which
the change occurred, report to the calling-up officer or a person
empowered by him in that behalf and notify him of the circumstances
because of which he is no longer able to fulfill the condition.
(b) The calling-up officer or a person empowered
by him in that behalf shall give the person to whom the deferment
order applies, on his request, a certificate attesting to his reporting
as aforesaid, and so long as the order has not been revoked the
certificate shall serve as justification for the non-fulfillment
of the condition.
Revocation of order of exemption from or deferement
of service
38.
(a) Where the Minister of Defence has made an
order under section 36, he may revoke it if -
(1) he has been asked in writing to do so by
the person to whom the order applies or
(2) the order was made owing to an error, in
a material particular, of the person who was empowered to make
it or
(3) the reasons for which the order was made
no longer exist or
(4) any of the conditions prescribed by a deferment
order under section 37(a) has not been fulfilled.
(b) Revocation under subsection (a) shall be by
order.
(c) The Minister of Defence shall not exercise
his power under subsection (a)(2) to (4) before he has given the
person to whom the order applies an opportunity to contest its revocation.
(d) Upon the expiration of the period of deferment
granted under section 36(3), the person to whom the deferment order
applies shall report for registration, medical examination, defence
service or, if he had already began to, serve, the continuance of
service. If the order is revoked by virtue of subsection (a), he
shall report for the fulfilment of his duty at the date prescribed
in the notice of revocation or, if no time is so prescribed, within
fourteen days from the day on which the revocation order comes to
his knowledge.
Statuatory exemption from service
39.
(a) The following persons shall be exempt from
the duty of defence service -
(1) the mother of a child;
(2) a pregnant woman.
(b) A married woman shall be exempt from the duty
of regular service.
(c) A female person of military age who has proved,
in such manner and t such authority as shall be prescribed by regulations,
that reasons of conscience or reasons connected with her family's
religious way of life prevent her from serving in defence service
shall be exempt from the duty of that service.
(d) A female person of military age who considers
herself aggrieved by decision of an authority as referred to in
subsection (c) may, on such conditions an in such manner as shall
be prescribed by regulations, object thereto before an objection
committee appointed by the Minister of Defence.
(e) The objection committee shall not be bound
by rules of procedure or rules of evidence but shall act as it deems
most expedient for the clarification of the questions to be decided
by it.
Exemptions for reasons of religious conviction
40. A female person designated for defence service
who declares in writing under section 15 of the Evidence Ordinance
(New Version), 5731-1971[13], before a judge (shofet, i.e. a judge
of a civil court - Tr.) or a judge of a rabbinical court (dayan)
(1) that reasons of religious conviction prevent
her from serving in defence service and
(2) that she observes the dietary laws at home
and away from home and
(3) that she does not ride on the Sabbath
shall be exempt from defence service after delivering
the affidavit, in the manner and at the time prescribed by regulations,
to a calling-up office empowered in that behalf.
Voidance of exemption under section 40
41.
(a) Where a person designated for defence service
is convicted by final judgment of a (civil) court of an offence
under section 46 or of an offence under section 293 of the Penal
Law, 5737-1977[14] , in respect of an affidavit under section 40,
the exemption under section 40 shall be void ab initio.
(b) The time elapsed from the date of the exemption
until the date of the conviction referred to in subsection (a) shall
not be included in computing the periods referred to in section
20.
Reconsideration
42.
(a) Where a calling-up officer has reasonable
grounds for believing that an exemption, a deferment, or any determination
of unfitness, in respect of a particular person was the result of
the giving of false information or other fraudulent or misleading
acts, whether by that person or by another, he may direct that the
matter be reconsidered by the person competent in the case in question.
(b) The person who reconsiders the matter shall
give the person concerned an opportunity to be heard, and if he
is satisfied that the exemption or deferment or determination of
unfitness was the result of the giving of such information, or of
such acts, as aforesaid, he may cancel it on the evidence before
him.
(c) For the purpose of the fulfillment of a duty
under this Law, a cancellation decision upon reconsideration shall
have retroactive effect as from the day on which the exemption of
deferment was granted or the determination of unfitness made, and
the person concerned shall comply with the provisions of this Law
and of any order, direction or other regulation thereunder as if
the exemption or deferment had not been granted, or the determination
of unfitness not been made, as the case may be; the calculation
of the periods referred to in section 20 shall not include the time
elapsed from the grant of the exemption or deferment, or from the
making of the determination, as the case may be, until the cancellation
thereof.
(d) The provisions of this section shall, not
derogate from the criminal responsibility of any person, or from
any powers, under this Law or any other law.
(e) The provisions of this section shall not apply
to an exemption under section 40.
Going abroad
43.
(a) A person designated for defence service and
a person of military age who belongs to the regular forces of the
Israel Defence Forces shall not go abroad save under a permit from
the Minister of Defence.
(b) A person of military age the continuance of
whose regular service has been deferred for any reason shall not
go abroad during the period of deferment save under a permit from
the Minister of Defence.
(c) A permit under this section, may be unconditional
or subject to conditions, including a condition relating to the
holder's stay abroad. If the permit is subject to conditions, the
holder shall fulfil the conditions, and if owing to a change in
circumstances he is no longer able to fulfil one of them he shall,
within thirty days from the day on which the change occurred give
such person as the Minister of Defence has directed written notification
of the circumstances because of which he is no longer able to fulfil
the condition.
(d) A person to whom notification has been given
under subsection (c) shall give to the holder of the permit, at
his request, a certificate attesting to the giving of notification,
and so long as the permit has not been cancelled, or the holder
ordered to return to Israel under this section, the certificate
shall serve as justification or e non-fulfillment of the condition.
(e) Where any of the conditions of the permit
is not fulfilled, the Minister of Defence may revoke the permit,
and if the condition is not fulfilled after the holder of the permit
has gone abroad, the Minister may direct him, by order, to return
to Israel within the time prescribed in the order, and the holder
of a permit who has been ordered as aforesaid shall return to Israel
not later than the time prescribed in the order.
(f) The Minister of Defence shall not exercise
his power under subsection (e) before he has given the holder of
the permit an opportunity to state his case to him.
Demand for information
44.
(a) The Minister of Defence may, by regulations,
require persons of classes designated therein to supply a calling-up
officer, upon his demand, with particulars prescribed by regulations,
as far as such particulars are known to them, concerning a person
designated for defence service or a person of military age who has
been found fit for service or concerning of class of persons as
aforesaid.
(b) A demand under subsection (a) for medical particulars shall
only be addressed to an authorized physician, shall only relate
to particulars necessary for determining fitness for service and
shall only require the supply of particulars to a calling-up officer
who is a soldier, within the meaning of the Military Justice Law,
5715-1955[15], and an authorized physician.
(c) The supply of particulars concerning a mental
illness shall only be required under this section if the illness
has been designated by regulations made by the Minister of Defence
in consultation with the Minister of Health.
(d) A person whom any information concerning an
illness reaches under this section shall keep it secret and shall
only disclose it to the extent necessary for the implementation
of this Law and the regulations made thereunder or if authorized
to do so by a court (beit mishpat, i.e. ordinary court - Tr.) or
by virtue of the duty to answer questions put to him by a person
competent to conduct examination as to the commission of offences.
(e) Section 28 of the Treatment of Mentally Sick
Persons Law, 5715-1955 [16] shall not apply to a person required
to supply information under subsection (a).
Chapter Six: Offences and Procedure
Penalties
46.
(a) A person who -
(1) fails to fulfil a duty imposed on him by
or under this Law or
(2) knowingly supplies to an authority acting
under this Law false information as to a particular which he is
bound to supply thereunder or
(3) by knowingly supplying to an authority acting
under this Law false information as to a material particular,
obtains an order of exemption from service, or of deferment of
service, under section 36, or an exemption under section 40, an
exit permit under section 43 or any other relaxation under this
Law or
(4) commits an offence under section 43 shall
be liable to imprisonment for a term of two years.
(b) A person who
(1) does one of the things specified in subsection
(a) with intent to evade defence service or
(2) injures or maims, or allows another person
to injure or maim, his body with intent thereby to impair his
medical fitness for defence service shall be liable to imprisonment
for five years.
Offence
47. The courts in Israel shall be competent to try
a committed abroad person who while abroad commits an offence under
section 46.
Onus of Proof
48. In a criminal proceeding for non-fulfillment
of a duty of reporting under this Law -
(1) the accused shall have to prove that at the
time set for reporting he was not a permanent resident or was not
of an age at which he was bound to fulfil the said duty: provided
that the court may, if it deems it necessary so to do in the interest
of justice, impose the onus of proof in the said matters upon the
prosecutor;
(2) subject to the provisions of paragraph (1)
- the prosecutor need prove only that the accused was under that
duty, and upon his having proved this, the accused shall have to
prove that he fulfilled that duty.
Order not to expire until compiled with
49. Where an order has been issued under this Law
requiring a person to fulfil some duty at a time prescribed in such
order and such person has not fulfilled such order at such time, the
order shall remain in force, in respect of such person, until he has
fulfilled the duty. This provision shall not affect the criminal liability
of a person for failure to fulfil a duty at a time prescribed in an
order, and his conviction for failure to fulfil a duty imposed on
him shall not relieve him from such duty.
Chapter Seven: Implementation Procedure
Calling-up officers
50.
(a) The Minister of Defence may appoint calling-up
officers for the purposes of this Law.
(b) The appointment of a calling-up officer may
be general or restricted.
(c) Notice of the appointment of a calling-up
officer shall be published in Reshumot
Medical Boards
51. The mode of constitution and rules of procedure
of a medical board and a higher medical board shall be prescribed
by regulations.
Auxiliary Powers 52.
(a) A calling-up officer may, by certificate under
his hand, certify that a particular person is required to fulfil
a duty under this Law and that he has not fulfilled it at the time
required for its fulfillment. Every police officer in possession
of such a certificate may arrest that person and keep him under
arrest until he is brought to another place designated for his reporting
and until he fulfills the duty imposed on him: Provided that the
period of arrest under this section shall not exceed forty-eight
hours.
(b) For the purposes of section 28(b) of the Commissions
of Inquiry Law, 5729-19691, a calling-up officer, a medical board
and a higher medical board, an authority designated under section
39(c), an objection committee appointed under section 39(d) and
an advisory committee under section 53 shall, in addition to their
other powers by or under this Law, have every power to collect evidence
for the purpose of exercising their powers.
Advisory committees
53. The Minister of Defence may appoint advisory
committees the purpose of implementing this Law.
Delegation of powers
54.
(a) The Minister of Defence may delegate to another
person all or part of the power vested in him by this Law, with
the exception of:-
(1) the power to make regulations;
(2) the power to appoint calling-up officers
under section 50;
(3) the power to make orders under section 34(a)(1);
(4) the power to appoint advisory committees
under section 53.
(b) Notice of any delegation of powers under this
section shall be published in Reshumot.
Provision as to orders
55.
(a) An order under section 14, 24, 36, 39 or 43(e)
may be personal or to a particular class of persons; any other order
under this Law may be general or to a particular class of persons
or personal; personal orders under section 38(a)(2), (3) or (4)
or 43(e) and a direction under section 42 shall be reasoned; provided
that it shall not be necessary to assign reasons where the security
of the State requires that the reasons for the order not be disclosed.
(b) An order under this Law need not be published
in Reshumot.
(c) An order shall be binding upon the person
to whom it applies from the time at which it comes to his knowledge.
I Sefer Ha-Chukkim of 5729, p. 28; LSI vol. 23,
p. 32
(d) An order published in Reshumot shall be deemed
to have come to the knowledge of the person to whom it applies at
noon on the day following the day of its publication.
(e) An order which has not been published in Reshumot
shall be deemed to have come to the knowledge of the person to whom
it applies
(1) if delivered to that person or to a member
of his family living with him and not under eighteen years of
age - at the time of delivery;
(2) if sent by registered post to such person
at the address of his permanent place of residence - upon the
expiration of seventy-two hours from the time at which it was
delivered to the post office for dispatch;
(3) if published by radio or television or on
the notice-boards of a local authority - upon the expiration of
four hours from the time publication;
(4) if published in at least two daily newspapers
- upon the expiration of four hours from the time of the distribution
of the papers, at the place where that person is.
(f) An order delivered or sent to the person to
whom it applies, or published, in the manner specified in subsection
(e) shall be deemed to have come to the knowledge of that person
at the time mentioned in that subsection even though it may subsequently
have been published in Reshumot.
Filing of applications
56. The Minister of Defence may, by regulations,
prescribe a time for the filing of applications under this Law, the
mode of filing thereof and other similar particulars.
Implementations and regulations
57. The Minister of Defence is charged with the
implementation of this Law and may make regulations as to any matter
relating to its implementation, including regulations as to the implementation
of this Law in respect of a person designated for defence service,
or a person of military age not designated for defence service, who
is staying abroad.
SCHEDULE (Section 2(3))
Definitions
1. In this Schedule
"personal document" means a birth certificate,
a passport, a travel document, an identity certificate and the like,
and any document in which a public servant, in the exorcise of his
functions, has recorded the age of a person; "public servant"
has the same meaning as in the Penal Law, 5737-1977.
Order to produce evidence as to age
2.
(a) The date, if any, recorded in the Population
Registry shall be regarded as a person's date of birth for the purposes
of this Law.
(b) Where it appears to a calling-up officer that
the entry in the Population Registry is not sufficiently clear or
is incomplete or that the Population Registry contains no record
of the date of birth of a particular person, and he has reasonable
grounds for assuming that such person has been or is likely to be
called upon for registration under section 3 of this Law, -he may
order him, by personal order, to furnish a calling-up officer with
evidence as to his age.
Powers of calling up officer for determination of
age
3.
(a) A calling-up officer may determine a person's
age under this Law according to evidence produced to him as provided
in section 2(b). Where no evidence has been produced as aforesaid
or the calling-up officer is not satisfied as to the correctness
of the evidence or finds that a person's date of birth is different
from the date recorded in the Population Registry, the calling-up
officer may apply for a declaration of age under the Determination
of Age Law, 5724-1963[19].
(b) Where the entry concerning a person in the Population Registry
does not indicate the month in which he was born, or where a person,
being ordered under this Law to produce evidence as to his age,
does not to the satisfaction of the calling-up officer prove the
month in which he was born, the calling-up officer shall direct,
in writing, that he be deemed to have been born in the first month
of the year in which he was born.
(c) Where the entry concerning a person in the
Population Registry does not indicate the day of the month on which
he was born, or where a person, being ordered under this Law to
produce evidence as to his age, does not to the satisfaction of
the calling-up officer prove the day on which he was born, the calling-up
officer shall direct, in writing, that he be deemed to have been
born on the first day of the month in which he was born.
(d) Where a range of ages has been determined
for a person under the Determination of Age Law, 5724-1963 [20],
the calling up officer may direct, in writing, that he be deemed
to have been born in the middle of the period of the range of ages.
(e) A calling-up officer may, whenever he has
reason to assume that a person has been or is likely to be called
up for registration, under section 3 of this Law, order him, by
personal order, to request to a medical board, at the time prescribed
by him or the medical board, for the purpose of determining his
age in the light of his physical, intellectual and Psychical development,
and that person shall report to the medical board at the said time
and place and be questioned by it and undergo any such medical or
other examination as the board may deem necessary for the purpose
of determining his age.
(f) For the purposes of this section, "year"
and "month" mean the year and month of the calendar used
in proving the person's year of birth.
Change of determination of age on application
4. Where a person's age has been determined, or
the determination changed, under the Determination of Age Law, 5724-1963,
the calling-up officer may, if he had not been summoned to attend
the hearing of the application under section 7 of that Law, apply
to the Magistrate's Court to change the determination; he may do so
even if he is not in possession of evidence additional to that which
was before the court. At the hearing of this application, the calling-up
officer may examine that person and witnesses who testified at the
hearing of an earlier application for a determination of his age or
for a change of such a determination.
Defence Service Law (Consolidated Version), 5746-1986*
Note: For reference only; does not include changes to the law since
1986.
Chapter One: Interpretation
Definitions 1. In this Law
"medical board" and "higher medical board" means
a medical board, and a higher medical board, constituted by virtue
of section 51;
"time", for the purposes of the duty of
reporting under this Law, includes a period of time beginning on a
particular day or upon the doing of a particular thing or upon the
occurrence of a particular event;
"the Rehabilitation Laws" means the Invalids
(Pensions and Rehabilitation) Law (Consolidated Version) 5719-1959[1],the
Fallen Soldiers Families (Pensions and Rehabilitation) Law, 5710-1950[2],
the Discharged Soldiers (Reinstatement in Employment) Law, 5709-1949[3]
and any such other Law as the Minister of Defence may declare to be
a Rehabilitation Law;
"person of military age" means an Israel
national, or a permanent resident, of an age as specified hereunder:
(1) in the case of a male person - any age from
eighteen to fifty-four years;
(2) in the case of a female person - any age from
eighteen to thirty-eight years.
"person designated for defence service"
means an Israel national, or a permanent resident, who has not yet
reported for defence service and is of an age as specified hereunder:
(1) in the case of a male person - any age from
eighteen to fifty-four years;
(2) in the case of a female person - any age from
eighteen to fifty-four years.
"calling-up officer" means a person appointed
under section 50 to be a calling-up officer;
"physician" means a person authorized
or entitled to be authorized to practice medicine under the Physicians
Ordinance (New Version), 5737-1976 [4];
"dentist" means a person authorized or
entitled to be authorized to practice dentistry and the Dentists Ordinance
(New Version), 5739-1979[5];
"defence service" means regular service
or reserve service;
"regular service" means service in the
Regular Forces of the Israel Defence Forces;
"reserve service" means service in the
Reserve Forces of the Israel Defence Forces; "permanent resident"
means a person whose permanent place of residence is in the area to
which the law of the State of Israel applies or whose stay is deemed
by virtue of section 45 to be permanent residence.
Calculation of age 2. For the purposes of this Law - (1) the calculation
of age shall be in accordance with the Jewish calendar;
(2) a person who attains a particular age in a particular year of
the Jewish calendar shall be regarded
(a) if he attains that age after the 1st Tishrei
and before the 1st of Nisan of that year - as having attained that
age on the 1st of Tishrei of that year;
(b) if he attains that age after the 1st of Nisan
of that year - as having attained that age on the 1st of Nisan of
that year;
(c) the determination of age shall be governed by
the provisions set out in the schedule.
Chapter Two: Reporting for Registration and Examination
Reporting for registration 3. (a) The calling-up officer may, by order,
call upon any person designated for defence service or person of military
age to report for registration at such place and time as the calling-up
officer or a person empowered by him in that behalf has prescribed
by order.
(b) A person called upon to report as aforesaid shall report at the
place and time prescribed as aforesaid and shall give to the calling-up
officer or a person appointed by him in that behalf such particulars
relating to himself as have been determined by regulations.
(c) Where a person has been called upon to report
as aforesaid and, after he has fulfilled his obligations under subsection
(b), a change occurs in any of the particulars therein referred to,
such particular having been referred to by regulations as a material
particular, such person shall notify the calling-up officer of such
change within fourteen days from the day on which it occurs.
(d) A person designated for defence service, or
a person of military age, who has reported for registration by virtue
of this section shall always carry with him a certificate attesting
his reporting, as provided by regulations, and shall produce it on
demand to a police officer and also to a calling-up officer or a person
empowered by him in that behalf.
Preliminary examination 4. (a) Where a person designated for defence
service, having been called upon to report for registration under
section 3, has not yet reported for examination under section 5, a
calling-up officer may, by order, call upon him to report for a preliminary
examination to be carried out in conduction with the registration,
if the calling-up officer is of the opinion that such an examination
is required in order to effect the registration or to expedite the
examination proceedings under section 5.
(b) A person designated for defence service who is called upon to
report as aforesaid shall report at the place and time prescribed
in the order of the calling-up officer or a person empowered by him
in that behalf and undergo any of the types of examination designated
by the Minister of Defence for this purpose by regulations.
Reporting for fitness examination 5. (a) A calling-up officer may,
by order, call upon any person of military age to report, at the place
and time prescribed in the order, with a view to determining his fitness
for defence service.
(b) A person of military age who has been called upon to report as
aforesaid shall report at the place and time prescribed in the order
of the calling-up officer or a person empowered by him in that behalf
and shall undergo any examination which in the opinion of a medical
board is necessary in order to determine his medical fitness for defence
service and shall also undergo, in accordance with instructions of
the calling-up officer or a person empowered by him in that behalf,
any other examination for the purpose of determining his general fitness
for defence service, including an examination for the purpose of determining
the measure of his suitability for a particular assignment in the
defence service. The tests for the various degrees of medical fitness
shall be prescribed by regulations.
(c) When a medical board has completed the examination
of a person of military age, it shall state whether it finds such
person medically fit for defence service.(hereinafter: "fit for
service") or temporarily unfit for service in medical respect
(hereinafter: "temporarily unfit for service").
Reexamination 6. (a) Where a person of military age has been found
unfit for service or C, temporarily unfit for service, the calling-up
officer may call upon him, by order, to report for reexamination for
the purpose of determining his fitness for service (hereinafter referred
to as "reexamination"), and he shall report at the place
and time prescribed in the order of the calling-up officer or a person
empowered by him in that behalf.
(b) The power vested ire the calling-up officer by subsection (a)
is also vested in him in respect of a person of military age who,
having served in regular service or belonged to the Reserve Forces,
has been exempted from regular service or reserve service by reason
that he has been found unfit for service or temporarily unfit for
service.
(c) Where a person, having been found unfit for
service, is found fit for service upon reexamination, then, whether
he has not yet been called up for regular service or whether he has
already been called up for regular service but has not yet completed
the period of service to which he is liable under this law, a calling-up
officer may call upon him by order
(1) if he has not yet completed his 23rd year -
to report for regular service or the completion of his regular service;
(2) if he has completed his 23rd year - to report
for regular service or the completion of his regular service for a
period not exceeding six months or not exceeding the balance of the
period of service to which he is liable under this Law, whichever
is less;
(3) whether or not he has completed his 23rd year
- to report for regular service or the completion of his regular service
for a period as provided in section 15 or 16, according to his age,
if he is a physician or dentist, and a person so called upon shall
report as aforesaid.
(d) Where a person, having been found temporarily
unfit for service, is found fit for service upon reexamination, then,
even if he has already been called up for regular service, he may,
so long as he has not completed the period of service to which he
is liable under this Law, be called upon by a calling-up officer,
by order, to report for the completion of the period of service to
which he is liable under this Law, and a person so called upon shall
report as aforesaid.
(e) The medical board shall at every reexamination
apply the tests in force at the time of the reexamination.
Further exam 7. Where a medical board has found a person of military
age fit for service, unfit for service or temporarily unfit for service,
the board shall notify its decision, in writing, to the person of
military age and to the calling-up officer, and they may, on conditions
prescribed by regulation, request that the medical board or the higher
medical board, as the case may be, subject the person of military
age to a further examination and determine his fitness for service.
Medical exams of 17 year olds 8. A calling-up officer may, by order,
call upon an Israel national or permanent resident who has completed
his seventeenth year to report for medical examination, at the place
and time prescribed in the order, for the purpose of determining his
fitness for defence service, and section 2(2) shall not apply to the
calculation of his age; where such an order has been made, the provisions
of sections 5(b) and (c), 6 and 7 shall apply to the Israel national
or permanent national as if he were a person of military age.
Immunization measures 9. A calling-up officer may, by order, with
the approval of two physicians, direct that a person designated for
defence service shall, at the place and time specified in the order,
be immunized by innoculations and vaccinations (both hereinafter referred
to as "immunization measures") against a particular disease,
and the person in respect of whom the order is made shall report,
and enable the immunization measures to be taken, as set out in the
order.
Application of Rehabilitation Law to person harmed by exam or immunization
10. (a) Where a person designated for defence service, or a person
of military age not serving in defence service, suffers any harm in
consequence of an examination or immunization measure under this chapter,
the Rehabilitation Laws shall apply to him and the members of his
family as if when suffering the harm he had been in defence service
and the harm had occurred in the period and in consequence of his
service; and if he does not serve in defence service after the harm
occurred he shall, for the purposes of the Invalids (Pensions and
Rehabilitation) Law (Consolidated Version), 5719-1959, be deemed to
have been discharged from the service on the date when he was found
under this Law to be unfit for service or was exempted therefrom.
For the purposes of this section, "harm" means illness,
aggravation of illness or injury.
(b) Wherever in any enactment reference is made to the Rehabilitation
Laws, such reference shall be deemed to include subsection (a) unless
the context otherwise requires.
Order to provision of means of identification 11. A calling-up officer
may, by order, call upon any male person designated for defence service
or of military age to report, at the place and time prescribed in
the order of the calling-up, officer or a person empowered by him
in that behalf, for the purpose of providing such means of identification
as the Minister of Defence may have prescribed by regulations. The
person to whom the order applies shall report at the place and time
prescribed as aforesaid for the purpose of providing means of identification.
Non-reporting for examination not to relieve from duty of reporting
for defence service 12. (a) Where a person designated for defence
service has been called upon to report for determination of his fitness
for defence service and has not so reported, or reported has refused
to be examined or to complete the examinations, a calling-up officer
may call upon him to report for defence service, under section 13
or 27, as the case may be, if he is at the time of military age, even
though his fitness for defence service has not yet been determined;
but he shall not begin military training so long as he has not been
medically examined for the purpose of determining his medical fitness
for defence service and been found fit for service; and the provisions
of sections 5 to 8 shall apply to the examination mutatis mutandis;
the examination shall take place within one month of his reporting,
and if he refuses to be examined, he shall be treated as a person
who has contravened section 122 of the Military Justice Law, 5714-1955[6].
(b) Subsection (a) shall apply mutatis mutandis, to a person of military
age found temporarily unfit for service who has been called upon to
report for reexamination under section 6 and does not report or, having
reported, refuses to be examined or to complete the examinations.
Chapter Three: Regular Service
Reporting for regular service 13. A calling-up officer may, by order,
call upon (1) a male person of military age found fit for service
who is of any age from eighteen to twenty-nine years or, being a physician
or dentist, is of any age from thirty to thirty-eight years; and
(2) female person of military age found fit for service who is of
any age from eighteen to twenty-six years or, being a physician or
dentist, is of any age from twenty-seven to thirty eight years to
report, within the periods mentioned in section 20, for regular service
at the place and time prescribed in the order by the calling-up officer
or a person empowered by him in that behalf, and such person of military
age shall report as aforesaid.
Reporting for service upon application 14. (a) Where an Israel national
or permanent resident who has not yet attained the age of eighteen
years is found fit for service, a calling-up officer may, by order,
call upon him to report for regular service if he applies therefor
in writing and his parents or guardian give or gives their or his
consent and he has completed his seventeenth year.
(b) Where an order under this section is made, the provisions of this
Law shall apply to the person in respect of whom the order is made
as if he were a person of military age who has attained the age of
eighteen years and been called upon to report for regular service
under section 13.
(c) Section 2(2) shall not apply in calculating
whether or not a person has completed his seventeenth year.
Time of service of male person 15. A male person of military age who
is called upon to report for regular service under section 13 or 14
shall be liable to regular service
(1) if he is called upon to report for regular service while being
of any age from eighteen to twenty-six years - for a period of thirty
months;
(2) if he is called upon to report for regular service
while being of any age from twenty-six to twenty-nine years or while
being a physician or dentist and being of any age from twenty to thirty-four
years - for a period of twenty-four months; but if he came to Israel
as an oleh after attaining the age of twenty-seven years he shall
be liable to regular service for a period of eighteen months only;
(3) if he is called upon to report for regular service
while being a physician or dentist and being of any age from twenty-five
to thirty-eight years - for a period of twelve months.
Time of service of female person 16. A female person of military age
who is called upon to report for regular service under section 13
or 14 shall be liable for regular service
(1) if she is called upon to report for regular service while being
of any age from eighteen to twenty-six years or while being a physician
or dentist and being of any age from twenty-seven to thirty-four years,
for a period of twenty-four months; but if she came to Israel as an
olah after attaining the age of twenty-seven years she shall be liable
to regular service for a period of eighteen months only;
(2) if she is called upon to report for regular
service while being a physician or dentist and being of any age from
thirty-five to thirty-eight years - for a period of twelve months.
Volunteering for defence service 17. (a) A person not liable for regular
service may volunteer for service in the regular forces of the Israel
Defence Forces, and a person not liable for reserve service may volunteer
for service in the reserve forces of the Israel Defence Forces, on
condition that he has attained at least the age at which a person
may be called up for service under section 14.
(b) A person liable for regular service under this Law may volunteer
for a period of regular service additional to that for which he is
liable, whether he has et begun to serve in regular service or is
so serving at the time, or has been discharged from the service; and
a person liable for reserve service under this Law may volunteer for
a period of reserve service additional to that for which he is liable.
(c) Volunteering under this section shall be by
declaration signed by the volunteer and shall require the approval
of the Minister of Defence. The declaration shall specify the period
of volunteering.
(d) A person serving, with the approval of the Minister
of Defence, as volunteer under this section shall, for the purposes
of his rights and duties under any enactment, be located as a person
serving in regular service or reserve service, as the case may be,
by virtue of this Law.
(e) A person who volunteers for regular service
or an additional period regular service or for reserve service or
an additional period of reserve be liable to service until the expiration
of the period specified in the volunteering declaration unless the
Minister of Defence directs that he shall be discharged at an earlier
date: Provided that a person who volunteers for reserve service or
a additional period of reserve service shall be discharged before
the expiration of the period specified in the declaration if at a
date prescribed by regulations he give advance notice in writing of
his desire to be discharged.
(f) The Minister of Defence may prescribe by regulations
period of volunteering for service and rules as to the admission of
volunteers to the service an their discharge therefrom.
(g) The period for which a person has served in
regular service as a volunteer shall be deducted from the period of
regular service to which he is liable.
(h) This section shall not apply to admission to,
or discharge from, permanent service.
Time of service of absentee from service 18. Where a person, during
the period of his regular service, is imprisoned for an offence under
a judgment of a court martial or any other court or under a judgment
of a senior disciplinary officer, or is absent from the service unlawfully
or by permission obtained under false pretences and is convicted thereof
in accordance with law and, if he has a right of appeal, does not
appeal against the conviction, or has his appeal against the conviction
dismissed, then, unless the court martial, other court or senior disciplinary
officer directs otherwise, the period of his imprisonment or absence
shall not, for the purpose of calculating the time of service, be
regarded as a period during which he fulfilled his duty of regular
service.
Penalty imposed after discharge from service 19. Where after discharge
from regular service a person is convicted in accordance with law
of unlawful absence from the service or of absence with permission
obtained under false pretences and, if he has a right of appeal, he
does not appeal against the conviction or has his appeal against the
conviction dismissed, and the court martial or senior disciplinary
officer does not direct that for the purpose of calculating the time
for service the period of absence shall be regarded as a period in
which he fulfilled his duty of regular service, the calling-up officer
may call upon him to report for completion of the period of regular
service to which he would have been liable had he not been discharged.
Period of call to report for regular service 20. (a) A person of military
age shall not be called upon to report for regular service unless
the time specified for reporting is within a period specified hereunder:
(1) in the case of a person who was an Israel national or permanent
resident resident on attaining the age of eighteen years - within
twenty-four months of his attaining such age;
(2) in the case of a person who became an Israel
national or permanent resident after attaining the age of eighteen
years - within twenty-four months from the day on which he became
a national or resident as aforesaid, but not without his consent within
six months from that day.
(b) A person of military age whose regular service
has been deferred, upon his application, under section 36 may be called
upon to report for regular service if the time prescribed for his
reporting is within twelve months from the expiration of the period
of deferment or within the period prescribed by subsection (a), whichever
time ends later;
(c) Where a person designated for defence service
is found temporarily unfit for service, a period prescribed for this
purpose by regulations in respect of the test by which he has been
found temporarily unfit for service shall not be included in computing
the period under subsection (a) or (b); the period not to be so included
shall begin again after each reexamination if the person is again
found temporarily unfit for service.
(d) Subsection (a) shall not apply to a person called
upon to report for regular service under section 6(c) or (d) or section
19.
Duty of agricultural training 21. (a) The first twelve months of the
regular service of a person of military age shall, after basic military
training, be devoted mainly to agricultural training, as shall be
prescribed by regulations: provided that in the case of a person of
military age tested for service in the Air Force or the Navy the Minister
of Defence may direct that his period of service assigned for agricultural
training shall be devoted, wholly or partly, to service in the Air
Force or the Navy, as the case may be.
(b) The period of regular service of a female person shall, after
the period of agricultural training, be devoted to duties which shall
be prescribed by regulations.
(c) The branches of farming the training in which
shall be considered an agricultural training, and the order and regime
of agricultural training, shall be prescribed by regulations.
(d) Until the 1st Tishrei, 5746 (16th September,
1985), the Minister of Defence may direct, in respect of a person
of military age, that, notwithstanding the provisions of subsection
(a), his period of regular service assigned for agricultural training
shall, wholly or in part, be deferred or be devoted to regular service
other than agricultural training.
Preservation of settlement nuclei 22. (a) The Minister of Defence
shall make regulations with a view to safeguarding, in carrying into
effect the provisions of this chapter, the integrity of settlement
nuclei.
(b) The provisions of section 21(d) shall be of no effect in respect
of members of a settlement nucleus to which regulations made under
subsection (a) apply, except regarding members of such a nucleus who
are sent, for training or service, to defence service command duties:
Provided that the members of the latter, in relation to the number
of the other members of the other members of the nucleus, shall not
exceed a percentage prescribed by regulations.
Assurance of elementary education 23. Where the education of a soldier
serving in the defence service falls short of a level of elementary
education determined by regulations, three months of his regular service
shall be allotted to the provision of an education, in the manner
and under conditions prescribed by regulations. The regulations shall
be made with the consent of the Minister of Education and Culture
after consultation with the Foreign Affairs and Security Committee
of the Knesset.
Service in the Border Police 24. (a) The Minister of Defence, in consultation
with the Minister of Police or a person empowered by him in that behalf,
may, by order, direct that a male person of military age who has been
found fit for service and who is of any age from eighteen to twenty-nine
years serve in the Border Police, which forms part of the Israel Police
and is hereinafter referred to as "the Border Police", during
the whole or any part - as may be specified in the order - of the
period of the regular service to which he is liable, whether or not
he has already commenced that service, and such person shall thereupon
report for service in the Border Police in accordance with the order.
(b) Unless otherwise expressly provided in this Law, service in the
Border Police under this Law shall, for the purposes of this Law and
of the Rehabilitation Laws, be deemed to be regular service.
Power and duties of person serving in the Border Police 25. (a) So
long as a person of military age is serving in accordance with an
order under section 24(a), he shall not, for the purposes of the Military
Justice Law, 5715-1955, and the regulations thereunder, be regarded
as a soldier within the meaning of section I of that Law.
(b) A person of military age serving as aforesaid shall be treated
as a police officer as to everything relating to his powers and duties,
including disciplinary rules:
Provided that -
(1) the provisions of section 2 of the Police Ordinance
(New Version), 5731-1971[8], concerning the power to discharge or
dismiss a police officer and the provisions of section II, 12, 13
and 18 to 20 and Chapter Four of that Ordinance shall not apply to
him;
(2) his pay shall be the same as that of a person
of military age serving in regular service.
Continuance of regular service after termination of service in Border
Police 26. Where the service of a person of military age in the Border
Police has ended in accordance with an order under section 24(a) or
through the cancellation of the order, and the period of regular service
to which he would have been liable but for the order has not yet elapsed,
that person shall be liable to regular service until the expiration
of that period.
Chapter Four: Reserve Service
Duty of reserve service 27. (a) A person of military service found
fit for service an not being on regular service shall belong to the
reserve forces of the Israel Defence Forces and shall be liable to
annual reserve service and monthly reserve service for the periods
specified in this chapter.
(b) A person of military age liable for reserve service as aforesaid
may b called upon by a calling-up officer, by order, to report for
reserve service at the place and time prescribed in the order and,
if so called upon, shall report accordingly.
(c) A person of military age liable to reserve service
as aforesaid an belonging to a unit of the reserve forces of the Israel
Defence Forces may be called upon by any of his commanders of the
rank of segen mishne[9] or over, in such manner as the commander may
think fit, to report for reserve service with his unit a the place
and time prescribed by the commander and, if so called upon, shall
report accordingly. For the purposes of section 55(b) to (f), a call-up
for reserve service under this subsection shall be regarded as an
order.
Monthly reserve service 27. (a) A person of military service found
fit for 28. The period of monthly reserve service is one day every
month or two consecutive days every two months or three consecutive
days every three months of twelve hours in installments every month,
as the calling-up officer or commands may in each case prescribe in
accordance with section 27: Provided that
(1) save with the consent of the person of military age, days of monthly
service shall not, by having one monthly service period follow immediately
upon another, be combined into a total period exceeding three days
and
(2) such days or hours shall not fall on a Sabbath
or Jewish religion holiday.
Annual reserve service 29. (a) The period of annual reserve service
is - (1) in the case of a man of any age from eighteen to thirty-nine
years or a woman of any age from eighteen to thirty-four years - up
to thirty-one days of service every year;
(2) in the case of a man of any age from thirty-nine to fifty-four
years up to fourteen days of service every year;
(3) in the case of a man or woman of the rank of
rav turai[10] or over - up to seven days service every year in addition
to the days of service mentioned in paragraph (1) or (2).
(b) Annual reserve service shall be continuous,
but a commander as referred to in section 27(c) may direct that the
period of service of a person of military age in a particular year
shall be divided
(1) into two spells if the Chief of the General
Staff of the Israel Defence Forces or a commander of the rank of aluf[11]
empowered by him in that person of military age or in respect of the
category of ray age persons of military age to which he belongs;
(2) into two or more spells if the person of military
age has consented thereto in writing.
Reserve service in HAGA 30. A male person of military age, being of
any age from forty-five to fifty-four years, shall not be called upon
to serve in reserve service except in HAGA, within the meaning of
the Civil Defence Law, 5711-1951[12] This restriction shall not apply
to a person of military age of or over the rank of segen mishne or
who is skilled in an occupation which the Minister of Defence, by
regulations, has designated as a required occupation for the purpose
of this section.
Time of reserve service of absentee 31. Where a person of military
age, while in reserve service, is imprisoned for an offence under
a judgment of a court martial or any other court or under a judgment
of a senior disciplinary officer, or is absent from the service unlawfully
or by permission obtained under false pretences and is convicted thereof
in accordance with law and, if he has a right of appeal, does not
appeal against the conviction or has his appeal against the conviction
dismissed, then, unless the court martial, other court or senior disciplinary
officer otherwise directs, the period of his imprisonment or absence
shall not, for the purpose of calculating the time of service, be
regarded as a time during which he fulfilled his duty of reserve service.
Regulation for calculation of time 32. The Minister of Defence may
prescribe by regulations (1) the mode of calculating the year for
the purposes of sections 27 to 31;
(2) the scope of the application of the provisions of sections 27
to 31, in respect of any particular year, to a person who completes
his regular service in that year;
(3) the way of dealing with a period of annual reserve
service which begins towards the end of one year and continues without
a break into the following year.
Imposition of duties otherwise than during time of service 33. The
Minister of Defence may, with the approval of the Foreign Affairs
and Security Committee of the Knesset, by regulations, impose duties
on persons of military age belonging to the reserve forces of the
Israel Defence Forces at a time when such person are not in service,
and prescribe that non-fulfilment of such duties shall be an offence
under regulations as aforesaid, if the purpose thereof is to ensure
the proper functioning of the Israel Defence Forces and to safeguard
the property entrusted to persons of military age as aforesaid.
Service under order of Minister of Defence 34. (a) The Minister of
Defence may, if he is satisfied that the security of the State so
requires - (1) call upon any person of military age who belongs to
the reserve forces of the Israel Defence Forces, by order to report
for regular service or reserve service, as specified in the order,
at the place and time prescribed therein, and to serve as long as
the order is in force;
(2) empower a commander as referred to in section 27(c) or a calling-u
officer, by order, to call upon a person of military age, by order,
to report and serve as aforesaid, and such person of military age
shall report an serve accordingly.
(b) An order of the Minister of Defence, issued
under subsection (a), t report for regular service or reserve service
and an order of a commander o calling-up officer issued under subsection
(a) for standby purposes shall, as soon a possible after they are
issued, be brought by the Minister of Defence to the notice o the
Foreign Affairs and Security Committee of the Knesset.
(c) The Committee may confirm an order as referred
to in subsection (b with or without modification, or refrain from
confirming it or lay it before the Knesset. The order shall expire
fourteen days from the date of its issue save if an as confirmed before
then by the Committee or the Knesset.
(d) The provisions of subsections (b) and (c) shall
not apply to an order of calling-up officer or commander under subsection
(a)(2) issued before the 11th Kislev, 5745 (5th December, 1985).
Application of military law 35. (a) A person of military age liable
to report for regular service shall belong to the regular forces of
the Israel Defence Forces from the time prescribed by word for his
so reporting. If he fails to report without sufficient excuse, he
shall be deemed to have left the service without permission at such
time.
(b) A person of military age liable to report for reserve service
shall b deemed to be in service from the time prescribed by order
or by call-up under section 27(c) for his so reporting. If he fails
to report without sufficient excuse, h shall be deemed to have left
the service without permission at such time.
Power to exempt from or defer service 36. The Minister of Defence
may, by order, if he sees fit to do so for reasons connected with
the size of the regular forces or reserve forces of the Israel Defence
Forces or for reasons connected with the requirements of education,
security settlement or the national economy or for family or other
reasons
(1) exempt a person of military age from the duty of regular service
or reduce the period of his service;
(2) exempt a person of military age from the duty
of reserve service for a specific period or absolutely;
(3) on the application of a person of military age
or a person designated for defence service other than a person of
military age, defer by order, for a period prescribed therein, the
date of reporting prescribed for that person, under this Law or regulations
thereunder, for registration, medical examination, defence service
or, if he has already began to serve in defence service, the continuance
thereof.
Conditions of deferment of service 37. (a) Deferment of service under
section 36(3) may be conditional or unconditional. Where deferment
is conditional, the person to whom the deferment order applies shall
fulfill the condition, and if owing to a change in circumstances he
is no longer able to fulfill it he shall, within seven days from the
day on which the change occurred, report to the calling-up officer
or a person empowered by him in that behalf and notify him of the
circumstances because of which he is no longer able to fulfill the
condition. (b) The calling-up officer or a person empowered by him
in that behalf shall give the person to whom the deferment order applies,
on his request, a certificate attesting to his reporting as aforesaid,
and so long as the order has not been revoked the certificate shall
serve as justification for the non-fulfillment of the condition.
Revocation of order of exemption from or deferment of service 38.
(a) Where the Minister of Defence has made an order under section
36, he may revoke it if - (1) he has been asked in writing to do so
by the person to whom the order applies or
(2) the order was made owing to an error, in a material particular,
of the person who was empowered to make it or
(3) the reasons for which the order was made no
longer exist or
(4) any of the conditions prescribed by a deferment
order under section 37(a) has not been fulfilled.
(b) Revocation under subsection (a) shall be by
order.
(c) The Minister of Defence shall not exercise his
power under subsection (a)(2) to (4) before he has given the person
to whom the order applies an opportunity to contest its revocation.
(d) Upon the expiration of the period of deferment
granted under section 36(3), the person to whom the deferment order
applies shall report for registration, medical examination, defence
service or, if he had already began to, serve, the continuance of
service. If the order is revoked by virtue of subsection (a), he shall
report for the fulfilment of his duty at the date prescribed in the
notice of revocation or, if no time is so prescribed, within fourteen
days from the day on which the revocation order comes to his knowledge.
Statutory exemption from service 39. (a) The following persons shall
be exempt from the duty of defence service -
(1) the mother of a child;
(2) a pregnant woman.
(b) A married woman shall be exempt from the duty
of regular service.
(c) A female person of military age who has proved,
in such manner and t such authority as shall be prescribed by regulations,
that reasons of conscience o reasons connected with her family's religious
way of life prevent her from serving in defence service shall be exempt
from the duty of that service.
(d) A female person of military age who considers
herself aggrieved by decision of an authority as referred to in subsection
(c) may, on such conditions an in such manner as shall be prescribed
by regulations, object thereto before an objection committee appointed
by the Minister of Defence.
(e) The objection committee shall not be bound by
rules of procedure or rules of evidence but shall act as it deems
most expedient for the clarification of the questions to be decided
by it.
Exemption for reasons of religious conviction 40. A female person
designated for defence service who declares in writing under section
15 of the Evidence Ordinance (New Version), 5731-1971[13], before
a judge (shofet, i.e. a judge of a civil court - Tr.) or a judge of
a rabbinical court (dayan)(1) that reasons of religious conviction
prevent her from serving in defence service and
(2) that she observes the dietary laws at home and away from home
and
(3) that she does not ride on the Sabbath
shall be exempt from defence service after delivering
the affidavit, in the manner and at the time prescribed by regulations,
to a calling-up office empowered in that behalf.
Voidance of exemption under section 40 41. (a) Where a person designated
for defence service is convicted by final judgment of a (civil) court
of an offence under section 46 or of an offence under section 293
of the Penal Law, 5737-1977[14] , in respect of an affidavit under
section 40, the exemption under section 40 shall be void ab initio.
(b) The time elapsed from the date of the exemption until the date
of the conviction referred to in subsection (a) shall not be included
in computing the periods referred to in section 20.
Reconsideration 42. (a) Where a calling-up officer has reasonable
grounds for believing that an exemption, a deferment, or any determination
of unfitness, in respect of a particular person was the result of
the giving of false information or other fraudulent or misleading
acts, whether by that person or by another, he may direct that the
matter be reconsidered by the person competent in the case in question.
(b) The person who reconsiders the matter shall give the person concerned
an opportunity to be heard, and if he is satisfied that the exemption
or deferment or determination of unfitness was the result of the giving
of such information, or of such acts, as aforesaid, he may cancel
it on the evidence before him.
(c) For the purpose of the fulfillment of a duty
under this Law, a cancellation decision upon reconsideration shall
have retroactive effect as from the day on which the exemption of
deferment was granted or the determination of unfitness made, and
the person concerned shall comply with the provisions of this Law
and of any order, direction or other regulation thereunder as if the
exemption or deferment had not been granted, or the determination
of unfitness not been made, as the case may be; the calculation of
the periods referred to in section 20 shall not include the time elapsed
from the grant of the exemption or deferment, or from the making of
the determination, as the case may be, until the cancellation thereof.
(d) The provisions of this section shall, not derogate
from the criminal responsibility of any person, or from any powers,
under this Law or any other law.
(e) The provisions of this section shall not apply
to an exemption under section 40.
Going Abroad 43. (a) A person designated for defence service and a
person of military age who belongs to the regular forces of the Israel
Defence Forces shall not go abroad save under a permit from the Minister
of Defence.
(b) A person of military age the continuance of whose regular service
has been deferred for any reason shall not go abroad during the period
of deferment save under a permit from the Minister of Defence.
(c) A permit under this section, may be unconditional
or subject to conditions, including a condition relating to the holder's
stay abroad. If the permit is subject to conditions, the holder shall
fulfil the conditions, and if owing to a change in circumstances he
is no longer able to fulfil one of them he shall, within thirty days
from the day on which the change occurred give such person as the
Minister of Defence has directed written notification of the circumstances
because of which he is no longer able to fulfil the condition.
(d) A person to whom notification has been given
under subsection (c) shall give to the holder of the permit, at his
request, a certificate attesting to the giving of notification, and
so long as the permit has not been cancelled, or the holder ordered
to return to Israel under this section, the certificate shall serve
as justification or e non-fulfillment of the condition.
(e) Where any of the conditions of the permit is
not fulfilled, the Minister of Defence may revoke the permit, and
if the condition is not fulfilled after the holder of the permit has
gone abroad, the Minister may direct him, by order, to return to Israel
within the time prescribed in the order, and the holder of a permit
who has been ordered as aforesaid shall return to Israel not later
than the time prescribed in the order.
(f) The Minister of Defence shall not exercise his
power under subsection (e) before he has given the holder of the permit
an opportunity to state his case to him.
Demand for information 44. (a) The Minister of Defence may, by regulations,
require persons of classes designated therein to supply a calling-up
officer, upon his demand, with particulars prescribed by regulations,
as far as such particulars are known to them, concerning a person
designated for defence service or a person of military age who has
been found fit for service or concerning of class of persons as aforesaid.
(b) A demand under subsection (a) for medical particulars shall only
be addressed to an authorized physician, shall only relate to particulars
necessary for determining fitness for service and shall only require
the supply of particulars to a calling-up officer who is a soldier,
within the meaning of the Military Justice Law, 5715-1955[15], and
an authorized physician.
(c) The supply of particulars concerning a mental
illness shall only be required under this section if the illness has
been designated by regulations made by the Minister of Defence in
consultation with the Minister of Health.
(d) A person whom any information concerning an
illness reaches under this section shall keep it secret and shall
only disclose it to the extent necessary for the implementation of
this Law and the regulations made thereunder or if authorized to do
so by a court (beit mishpat, i.e. ordinary court - Tr.) or by virtue
of the duty to answer questions put to him by a person competent to
conduct examination as to the commission of offences.
(e) Section 28 of the Treatment of Mentally Sick
Persons Law, 5715-1955 [16] shall not apply to a person required to
supply information under subsection (a).
Chapter Six: Offences and Procedure
Penalties 46. (a) A person who - (1) fails to fulfil a duty imposed
on him by or under this Law or
(2) knowingly supplies to an authority acting under this Law false
information as to a particular which he is bound to supply thereunder
or
(3) by knowingly supplying to an authority acting
under this Law false information as to a material particular, obtains
an order of exemption from service, or of deferment of service, under
section 36, or an exemption under section 40, an exit permit under
section 43 or any other relaxation under this Law or
(4) commits an offence under section 43 shall be
liable to imprisonment for a term of two years.
(b) A person who
(1) does one of the things specified in subsection
(a) with intent to evade defence service or
(2) injures or maims, or allows another person to
injure or maim, his body with intent thereby to impair his medical
fitness for defence service shall be liable to imprisonment for five
years.
Offence 47. The courts in Israel shall be competent
to try a committed abroad person who while abroad commits an offence
under section 46.
Onus of proof 48. In a criminal proceeding for non-fulfillment of
a duty of reporting under this Law -
(1) the accused shall have to prove that at the time set for reporting
he was not a permanent resident or was not of an age at which he was
bound to fulfil the said duty: provided that the court may, if it
deems it necessary so to do in the interest of justice, impose the
onus of proof in the said matters upon the prosecutor;
(2) subject to the provisions of paragraph (1) -
the prosecutor need prove only that the accused was under that duty,
and upon his having proved this, the accused shall have to prove that
he fulfilled that duty.
Order not to expire until compiled with 49. Where an order has been
issued under this Law requiring a person to fulfil some duty at a
time prescribed in such order and such person has not fulfilled such
order at such time, the order shall remain in force, in respect of
such person, until he has fulfilled the duty. This provision shall
not affect the criminal liability of a person for failure to fulfil
a duty at a time prescribed in an order, and his conviction for failure
to fulfil a duty imposed on him shall not relieve him from such duty.
Chapter Seven: Implementation Procedure
Calling-up officers 50. (a) The Minister of Defence may appoint calling-up
officers for the purposes of this Law.
(b) The appointment of a calling-up officer may be general or restricted.
(c) Notice of the appointment of a calling-up officer
shall be published in Reshumot
Medical Boards 51. The mode of constitution and rules of procedure
of a medical board and a higher medical board shall be prescribed
by regulations.
Auxiliary Powers 52. (a) A calling-up officer may, by certificate
under his hand, certify that a particular person is required to fulfil
a duty under this Law and that he has not fulfilled it at the time
required for its fulfillment. Every police officer in possession of
such a certificate may arrest that person and keep him under arrest
until he is brought to another place designated for his reporting
and until he fulfills the duty imposed on him: Provided that the period
of arrest under this section shall not exceed forty-eight hours.
(b) For the purposes of section 28(b) of the Commissions
of Inquiry Law, 5729-19691, a calling-up officer, a medical board
and a higher medical board, an authority designated under section
39(c), an objection committee appointed under section 39(d) and an
advisory committee under section 53 shall, in addition to their other
powers by or under this Law, have every power to collect evidence
for the purpose of exercising their powers.
Advisory Committees 53. The Minister of Defence may appoint advisory
committees the purpose of implementing this Law.
Delegation of Powers 54. (a) The Minister of Defence may delegate
to another person all or part of the power vested in him by this Law,
with the exception of:-
(1) the power to make regulations;
(2) the power to appoint calling-up officers under
section 50;
(3) the power to make orders under section 34(a)(1);
(4) the power to appoint advisory committees under
section 53.
(b) Notice of any delegation of powers under this
section shall be published in Reshumot.
Provision as to orders 55. (a) An order under section 14, 24, 36,
39 or 43(e) may be personal or to a particular class of persons; any
other order under this Law may be general or to a particular class
of persons or personal; personal orders under section 38(a)(2), (3)
or (4) or 43(e) and a direction under section 42 shall be reasoned;
provided that it shall not be necessary to assign reasons where the
security of the State requires that the reasons for the order not
be disclosed.
(b) An order under this Law need not be published in Reshumot.
(c) An order shall be binding upon the person to
whom it applies from the time at which it comes to his knowledge.
I Sefer Ha-Chukkim of 5729, p. 28; LSI vol. 23,
p. 32
(d) An order published in Reshumot shall be deemed
to have come to the knowledge of the person to whom it applies at
noon on the day following the day of its publication.
(e) An order which has not been published in Reshumot
shall be deemed to have come to the knowledge of the person to whom
it applies
(1) if delivered to that person or to a member of
his family living with him and not under eighteen years of age - at
the time of delivery;
(2) if sent by registered post to such person at
the address of his permanent place of residence - upon the expiration
of seventy-two hours from the time at which it was delivered to the
post office for dispatch;
(3) if published by radio or television or on the
notice-boards of a local authority - upon the expiration of four hours
from the time publication;
(4) if published in at least two daily newspapers
- upon the expiration of four hours from the time of the distribution
of the papers, at the place where that person is.
(f) An order delivered or sent to the person to
whom it applies, or published, in the manner specified in subsection
(e) shall be deemed to have come to the knowledge of that person at
the time mentioned in that subsection even though it may subsequently
have been published in Reshumot.
Filing of applications 56. The Minister of Defence may, by regulations,
prescribe a time for the filing of applications under this Law, the
mode of filing thereof and other similar particulars.
Implementations and regulations 57. The Minister of Defence is charged
with the implementation of this Law and may make regulations as to
any matter relating to its implementation, including regulations as
to the implementation of this Law in respect of a person designated
for defence service, or a person of military age not designated for
defence service, who is staying abroad.
SCHEDULE (Section 2(3))
Definitions 1. In this Schedule
"personal document" means a birth certificate, a passport,
a travel document, an identity certificate and the like, and any document
in which a public servant, in the exorcise of his functions, has recorded
the age of a person; "public servant" has the same meaning
as in the Penal Law, 5737-1977.
Order to produce evidence as to age 2. (a) The date, if any, recorded
in the Population Registry shall be regarded as a person's date of
birth for the purposes of this Law.
(b) Where it appears to a calling-up officer that the entry in the
Population Registry is not sufficiently clear or is incomplete or
that the Population Registry contains no record of the date of birth
of a particular person, and he has reasonable grounds for assuming
that such person has been or is likely to be called upon for registration
under section 3 of this Law, -he may order him, by personal order,
to furnish a calling-up officer with evidence as to his age.
Powers of calling up officer for determination of age 3. (a) A calling-up
officer may determine a person's age under this Law according to evidence
produced to him as provided in section 2(b). Where no evidence has
been produced as aforesaid or the calling-up officer is not satisfied
as to the correctness of the evidence or finds that a person's date
of birth is different from the date recorded in the Population Registry,
the calling-up officer may apply for a declaration of age under the
Determination of Age Law, 5724-1963[19].
(b) Where the entry concerning a person in the Population Registry
does not indicate the month in which he was born, or where a person,
being ordered under this Law to produce evidence as to his age, does
not to the satisfaction of the calling-up officer prove the month
in which he was born, the calling-up officer shall direct, in writing,
that he be deemed to have been born in the first month of the year
in which he was born.
(c) Where the entry concerning a person in the Population
Registry does not indicate the day of the month on which he was born,
or where a person, being ordered under this Law to produce evidence
as to his age, does not to the satisfaction of the calling-up officer
prove the day on which he was born, the calling-up officer shall direct,
in writing, that he be deemed to have been born on the first day of
the month in which he was born.
(d) Where a range of ages has been determined for
a person under the Determination of Age Law, 5724-1963 [20], the calling
up officer may direct, in writing, that he be deemed to have been
born in the middle of the period of the range of ages.
(e) A calling-up officer may, whenever he has reason
to assume that a person has been or is likely to be called up for
registration, under section 3 of this Law, order him, by personal
order, to request to a medical board, at the time prescribed by him
or the medical board, for the purpose of determining his age in the
light of his physical, intellectual and Psychical development, and
that person shall report to the medical board at the said time and
place and be questioned by it and undergo any such medical or other
examination as the board may deem necessary for the purpose of determining
his age.
(f) For the purposes of this section, "year"
and "month" mean the year and month of the calendar used
in proving the person's year of birth.
Change of determination of age on application
4. Where a person's age has been determined, or
the determination changed, under the Determination of Age Law, 5724-1963,
the calling-up officer may, if he had not been summoned to attend
the hearing of the application under section 7 of that Law, apply
to the Magistrate's Court to change the determination; he may do so
even if he is not in possession of evidence additional to that which
was before the court. At the hearing of this application, the calling-up
officer may examine that person and witnesses who testified at the
hearing of an earlier application for a determination of his age or
for a change of such a determination.
Contradiction between personal documents and statements
to public servant
5. Where a particular person, or a person having
charge of a particular person, makes to a public servant acting in
the exercise of his functions, a statement as to the age of such particular
person, and such statement is inconsistent with the entries in the
personal documents of such person, a calling officer may, after giving
the person concerned an opportunity to be heard, and being satisfied
that the statement was not made for the purpose of evading defence
service and that there is no other reasonable ground for rejecting
the statement, direct in writing that the statement shall be regarded
as correct for the purposes of this Law.
Savings of powers of court
6. The provisions of this Schedule shall not derogate
from the powers of the court under any other law.
Delivery of notices
7. Every direction under this Schedule shall be
brought by the calling-up officer to the knowledge of the person concerned
in a manner in which an order may be brought to the knowledge of a
person under section 55(e) of this Law. The text of this Consolidated
Version was determined by the Constitution, Legislation and Justice
Committee of the Knesset on the 10th Shevat, 5746 (20th January, 1986)
under section 16 of the Law and Administration Ordinance, 5708-1948.
It was published in Sefer HaChukim No. 1170 of the 20th Shevat, 5746
(30th January, 1986), P. 107
References
Sefer Ha-Chukkim of 5719, p. 286 - LSI vol. XIII,
P. 328; Sefer Ha-Chukkim of 572 1, p. 140 - LSI vol. XV, p. 150; Sefer
Ha-Chukkim of 5723, p. 128 - LSI vol. XVII, p. 151 Sefer Ha-Chukkim
of 5724, pp. 10 and 169 - LSI vol. XVIII, pp. 9 and 166; Sefer Ha-Chukkim
of 5727, p. 113 - LSI vol. XXI, p. 112; Sefer Ha-Chukkim of 5730, p.
150 - LSI vol. XXIV, p. 158; Sefer Ha-Chukkim of 5731, p. 148 - LSI
vol. XXV, p. 140; Sefer Ha-Chukkim of 5733, p. 201 - LSI vol. XXVII,
p. 220; Sefer Ha-Chukkim of 5734, pp. 70 and 129 - LSI vol. XXVIII,
pp. 72 and 138; Sefer Ha-Chukkim of 5735, p. 48 - LSI vol. XXIX, p.
96; Sefer Ha-Chukkim of 5736, p. 270 - LSI vol. XXX, p. 265; Sefer Ha-Chukkim
of 5738, p. 176 - LSI vol. XXXII, p. 221; Sefer Ha-Chukkim of 5741 ,p.
26 - LSI vol. XXXV, p. 23; Sefer Ha-Chukkim of 5744, p. 84 - LSI vol.
XXXVIII, p. 111 Sefer Ha-Chukkim of 5745, p. 12 - LSI vol. XXXIX, p.
15.
1. Sefer Ha-Chukkim of 5719, p. 286; LSI vol. XIII,
p. 328.
2. Sefer Ha-Chukkim of5710, p.162; LSI vol. IV, p. 115.
3. Sefer Ha-Chukkim of 5709, p. 13; LSI vol. III, p. 11O.
4. Dinei Medinat Yisrael (Nusach Chadash) No. 30, p. 594; NV vo. 111,
p. 80
5. Dinei Medinat Yisrael (Nusach Chadash) No. 32, p. 614; NV vol. 111,
p. 101.
6. Dinei Medinat Yisrael (Nusach Chadash) No. 7, p. 390; NV vol. 11,
p. 158.
7. Approximately: second lieutenant.
8. Dinei Medinat Yisrael (Nusach Chadash) No. 17, p. 390; Laws of the
State of Israel, New Version No. 2, p. 158.
9. Approximately: lieutenant.
10. Approximately: corporal.
11. Approximately: general.
12. Sefer Ha-Chukkim of 5711, p.78; LSI vol. V, p.71.
13. Dinei Medinat Yisrael (Nusach Chadash) No. 18, p. 421; NV vol. 11,
p. 198,
14. Sefer Ha-Chukkirn of 5737, p. 226 - LSI Special Volume: Penal Law,
5737-1977
15. Sefer Ha-Chukkim of 5715, p. 17 1; LSI vol. IX, p. 184
16. Sefer Ha-Chukkim of 5715, p. 121; LSI vol. IX, p. 132.
17. Sefer Ha-Chukkiin No. III of 345; LSI vol. VI, p. 159.
18. Sefer Ka-Chukkim of 5729, p. 28; LSI vol. 23, p. 32.
19. Sefer Ha-Chukkiin of 5729, p. 28; LS[ vol. 23, p. 32.
20. Sefer HaChukkim of 5724, p. 7; LSI vol. XVIII, p. 7.
Sources: The Knesset |