Law No. (42) of 1974 on the general military training

Law No. (42) of 1974

on general military training

In the name of the people,

The Revolutionary Command Council,

Upon review of:

• The Constitutional Declaration;
• Law No. (37) of 1974 issuing the Military Penal Code;
• Law No. (39) of 1974 issuing the Code of Military Procedure and the law on armed forces service;
• For the purpose of instituting a general military training system that guarantees defence needs while taking into consideration human capabilities and the requirements of the social and economic development plan;
• Based on the proposal of the Prime Minister and with the approval of the Cabinet;

Article (1)

General military training is a national service and the duty of every medically fit male and female citizen of seventeen years of age.

Training may involve non-Libyan Arabs or Muslims who meet the age and medical fitness requirements based on the applicant’s request.

Article (2)

Such service shall be assigned to any person who meets the conditions for being called up for training according to the priority determined by the commander-in-chief of the Armed Forces.

Article (3)

Persons called up for the first time shall undergo basic military training, after which they shall receive advanced superior training commensurate with their progress in basic training.

Article (4)

Basic military training shall be for forty-five consecutive days at least and shall not exceed one hundred and twenty days. Advanced or superior training that follows basic training shall take the form of courses given year-round. The number and duration of such courses shall be determined by a decision of the commander-in-chief, taking into account the training requirements and type of weapons. Some courses may be conducted abroad.

Article (5)

If the person called up for training is an employee or worker for any entity, his job or work shall be reserved for him throughout his call-up period. Such period shall be considered in every way as if spent in his job or work. Public employees and workers called up for training shall receive their salaries or wages and all the other financial benefits from their original entities. Others shall be paid their dues in accordance with the agreement concluded between their affiliated entities and the Armed Forces.

Article (6)

If the person called up for training is not a worker or employee, the Armed Forces may disburse financial remuneration for such person during his training, to be determined in accordance with the rules issued by the commander-in-chief’s decision.

Article (7)

Persons called up for training may be granted a financial remuneration for training periods characterised by danger or unusual effort in accordance with the rules issued by the commander-in-chief’s decision. In any case, those who sustain injuries during training shall be subject to the rules applicable in the Armed Forces.

Article (8)

Trainees’ military ranks and distribution to Armed Forces units shall be determined according to their specialisations and training level. Persons who complete the training shall be summoned and enlisted in such units upon their call-up in time of mobilisation.

Trainee affairs, distribution rules, and their military rank and promotion from one rank to another shall be regulated by a decision of the commander-in-chief.

Article (9)

The commander-in-chief may issue a decision assigning the persons subject to the provisions of this law as statutory members as required by the Armed forces for a maximum period of fifteen years for those assigned as officers, and five years for non-commissioned officers or soldiers. In any case, such period may be renewed.

Their assignment system and military ranks shall be determined in accordance with the rules stipulated by a decision of the commander-in-chief.

Designees subject to this article shall receive all salaries and benefits stipulated for members of the Armed Forces of equivalent military ranks.

Article (10)

Persons called up for training or service in the Armed Forces and those assigned to work therein shall be subject during their call-up or assignment to the Military Penal Code and the Code of Military Procedure. During such period, they shall be subject to all the other rules and regulations applicable in the Armed Forces, subject to the provisions of this law.

Article (11)

Any person who fails without legal justification to submit declarations or provide statements requested by the entities in charge of implementing this law shall be punished by detention. The same penalty shall apply to any person who submits or presents false statements.

Article (12)

1. Any person called up for training or service in the Armed Forces or assigned to work therein and fails to do so without legal justification shall be punished by detention. Such person shall be punished by imprisonment if the act is committed in time of mobilisation.
2. The execution of the penalty imposed in accordance with the previous clause may be postponed until completion of required military training or service.
3. The offence stipulated in Clause (1) shall be considered a military crime that falls under the jurisdiction of military tribunals in accordance with the provisions of the Code of Military Procedure.

Article (13)

Rules for tallying persons subject to the provisions of this law and to physical fitness conditions shall be determined by the commander-in-chief’s decisions.

Article (14)

Examination dates for all educational stages in schools, institutes, and universities shall be determined so as not to contravene the training periods specified in accordance with the provisions of this law.

Article (15)

The necessary financial credits for the implementation of the general military training law shall be allocated in the budget of the Armed Forces.

Disbursement thereof shall follow the rules stipulated by a decision of the commander-in-chief.

Article (16)

This law shall be published in the Official Gazette and shall enter into force from its date of issuance.

Revolutionary Command Council

Major Abdessalam Ahmed Jalloud

Prime Minister

Issued on 21 Jumada al-Akhera 1394 AH

Corresponding to 12 July 1974 AD