Defence Service Law -Consolidated Version 5746-1986
Israel Ministry of Foreign Affairs
*

 Defence Service Law -Consolidated Version 5746-1986

1/30/1986

 
  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.

Saving 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.

 
 

 
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