Army Act, 2063 (2006)


Published: 2006

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Nepalese Army Act, 2063 E

Army Act, 2063 (2006)
Date of Authentication and Publication
2063.6.12 (28 Sept. 2006)
Amendment,
Republic Strengthening and Some Nepal 2066.10.7
Laws Amendment Act, 2066 (2010)1 (21 Jan. 2010)

Act Number 7 of the Year 2063 (2006)
An Act to provide for the Amendment and Unification of the Laws
relating to Nepal Army



Preamble: Whereas, the sovereignty of Nepal is inherent in the people of Nepal
as the result of the historical peoples movement and the source of sovereign
authority is vested in the people of Nepal;
Whereas, it is expedient to amend and consolidate the prevailing laws
relating to the establishment, arrangement, control, use and mobilization of the
Nepal Army for making the Nepal Army accountable to the people of Nepal;
Now, therefore, be it enacted by the House of Representatives in the First
year of the issuance of the Declaration of the House of Representatives, 2063.



1 This Act came into force on 15 Jestha 2065, "Prasasti" and the word "Kingdom" has been deleted.


Chapter -1
Preliminary

1. Short title and commencement: (1) This Act shall be called the "Army
Act, 2063 (2006)".
(2) This Act shall come into force immediately.
2. Definitions: In this Act, unless the subject or context otherwise requires:
(a) "Nepal Army" means the collective organization of the persons
recruited in the Nepalese Army under this Act or any part thereof.
(b) "Force" means an organized form or group formed with a particular
objective by the Government of Nepal within the Nepal Army.
(c) "Engagement in military operation" means any of the following:
(1) Working as a part of or in affiliation with the Nepal Army
during engaged in an operation against an enemy,
(2) Engagement in an military operation in a territory or area
controlled by an enemy in whole or in part, or working as a
part of or affiliated with the Nepal Army moving towards
such territory or area,
(3) Engagement as a part of or affiliation with the Nepal Army
which is taken hostage by the Military of a foreign country, or
(4) Involvement in the maintenance of internal security as a part
of or affiliated with the Nepal Army engaged against any
individual or group who are conducting or are suspected or
conduct destructive or violent activities with or without arms.


(5) Declaration as "engagement in military operation" by the
Government of Nepal in accordance with Section 135.
(d) "Chief of the Army Staff" means the Chief of the army staff of the
Nepal Army appointed as referred to in Section 8.
(e) "Officer" means an officer of the Nepal Army above the rank of
Junior Commissioned Officer (Padik), and this term also includes
similar officers of the reserve force (Jageda Bal).
(f) "Junior Commissioned Officer" means Subedar-Major, Subedar and
Jamdar, and this term also includes similar rank of the reserve
forces.
(g) "Commanding Officer" means any of the following officers:
(1) the head of the Unit, Sub-unit, or
(2) the officer who commands the Tukadi of the Unit or Sub-unit
during the period of deployment respectively, or
(3) the Commanding Officer of any Corps (Chamu), Detachment
Department in respect to the person under Clause (b) of Sub-
section (1) of Section 3 who is affiliated therein,
(4) the officer who is nominated or designated by the officer who
commands the force in which the person is currently working
at the time when one has no involvement elsewhere in Sub-
clause (3).
(5) the officer who commands the concerned force if no officer
has been designated or nominated in accordance with Sub-
clause (4).
(h) "Non-commissioned Officer (Billadar)" means Corporal (Hudda),
Corporal (Amaldar), Lance Sergeant (Pyuth), and this term also


includes the person of similar rank of an organized force established
for a particular purpose.
(i) "Corps (Chamu)" means the separate Unit specified as a corps
within the Nepal Army.
(j) "Division (Pritana)" means a separate Unit specified as a "Division"
within the Nepal Army.
(k) "Brigade (Bahini)" means a separate Unit specified as a "brigade"
within the Nepal Army.
(l) "Battalion (Gan)" means a separate Unit specified as "Battalion"
within the Nepal Army.
(m) "Commander (Pati)" means the position from officer to non-
commissioned officer.
(n) "Immediate Senior officer" means the senior officer loset in rank,
and for this purpose this term also includes Junior C mmissioned
Officer (Padik barg) and Non-commissioned Officer (Billadar).
(o) "Offence" means the act defined as offence pursuant to Chapter-7.
(p) "Enemy" means an armed mutineer, armed person who committed
treason, armed person involved in disorder or armed dacoit and any
armed person who is subject to action by a person to whom this Act
is applicable.
(q) "Court Martial" means the General Court Martial, Summary General
Court Martial, District Court Martial, `Summary Court Martial
pursuant to Section 67 and Special Court Martial pursuant to Section
119.
(r) "Committee" means Military Welfare Fund Operation and
Management Committee as referred to in Section 29.


(s) "Welfare acts" means acts of providing insurance, medical
treatment, health, scholarship, residence, operating ca teens for the
welfare of incumbent (serving) and ex-military (retir d) personnel
and their families, and this term also includes establishing schools
and universities and operating them.
(t) "Welfare planning" means income generating acts which support
welfare acts and this term also includes infrastructure and service
oriented projects, financial institutions and providing loans or
investing shares as prescribed in the industrial profession.
Provided that, such an investment shall not be made as a
promoter (Prabardhak).
(u) "Income generating acts" means acts of generating income for the
purpose of supporting the welfare acts by investing in an institution
after obtaining permission in accordance with prevailing law.
(v) "Chief of Military Police" shall means the Chief ofMilitary Police
appointed pursuant to Section 78 and this term also includes a person
who exercise power, under his/her supervision, in accordance with
law on his/her behalf.
(w) "Judge Advocate General Department (Prad Viwak)" means the
person who is represents the Court Martial as the Judge Advocate
General pursuant to Section 81.
(x) "Other court" means other courts constituted in accordance with
prevailing laws except the Court Martial.
(y) "Departmental action" means the departmental action to be imposed
pursuant to Section 105.


(z) "Prison" means a prison in accordance with prevailing aws relating
prison and this term also includes a military prison pursuant to
Section 136.
(aa) "Order" means an order issued by an authorized officer pursuant to
this Act and Rules framed thereunder.
(bb) "Prescribed" or "as prescribed" means prescribed or as prescribed
pursuant to this Act and Rules framed thereunder.
3. Persons under the jurisdiction of this Act: (1) The following persons
shall be under the jurisdiction of this Act:
(a) Persons recruited in the Nepal Army under this Act;
(b) Other persons assigned for some acts, or persons in the
service of the Nepal Army staying in a camp or in a
march for military operation, or staying in an area
declared by the Government of Nepal as a military
operation zone; or civilian persons who assist the
works of Nepal Army,
(c) Persons selected for recruitment in the Nepal Army.
(2) A person pursuant to Clause (b) of Sub-section (1) shall be
considered to have been under the command of the commanding officer of
his/her department, formation or unit.
(3) If a person pursuant to Clause (b) of Sub-section (1) is not
engaged under the command of a commanding officer of any department,
formation or unit, he/she shall fall under the command of an officer who is
designated or nominated by the commanding officer of the force in which
he/she is currently engaged for the time being, or of a commanding officer
of the concerned force if such officer is not designated or nominated.


(4) The commanding officer shall not depute a person pursuant to
Clause (b) of Sub-section (1) under the command of a junior officer in a
circumstance where the senior officer is available.
(5) If the person pursuant to Clause (b) of Sub-section (1) commits
an offence outside the territory of Nepal, the jurisdiction of this Act shall
prevail.
(6) An offence committed by the person pursuant to Clause (b) of
Sub-section (1) against the citizen of a country in which he/she has been
deployed in a peacekeeping mission of the United Nations shall fall under
the jurisdiction of other courts.
Chapter-2
Establishment and Arrangement of Nepal Army
4. Establishment and arrangement of the Nepal Army: (1) The Nepal
Army shall be established for the protection and Defence of the
independence, sovereignty, territorial integrity and ational unity of the
state of Nepal.
(2) The Nepal Army at the time of commencement of this Act shall
be deemed to have been established in accordance with this Act.
(3) The arrangement of the Nepal Army shall be regulated in
accordance with this Act and the Rules framed thereund r and other matters
shall be dealt with in accordance with the instructions issued by the
Government of Nepal.
5. 2...................


2 Repealed by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.


6. National Defence Council: (1) 3............
(2) 4...................
(3) In addition to the functions 5as referred to in the Interim
Constitution of Nepal, 2063 (2007), the functions, duties and powers of the
National Defence Council shall be as follows:
(a) To make policies, plans and programmes relating to 6mobilization, operation and use of the Nepal Army
and submit the same to the Government of Nepal,
(b) To submit recommendations relating to the number
and organizational structure of the Nepal Army,
(c) To make necessary advice to the Government of Nepal
relating to the management of the Nepal Army,
(d) To submit necessary advice to the Government of
Nepal relating to the management of arms, weapons
and other military equipment of the Nepal Army,
(e) To perform other acts as prescribed.
(4) The Secretary at the Ministry of Defence shall perform as the
Secretary of the National Defence Council. In his/her absence, an officer as
designated by the Prime Minister shall perform thisfunction.
(5) There shall be a Secretariat within the Ministry of Defence to
carry out the acts and proceedings of the National Defence Council. Other
arrangements of the Secretariat shall be as prescrib d.

3 Omitted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066. 4 Omitted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066. 5 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066. 6 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.


(6) The procedures of the meetings of the National Defence Council
shall be as determined by the National Defence Council itself.
7. Organizational Structure: (1) The composition of the Nepal Army shall
be inclusive and it shall have national characters.
(2) The Government of Nepal shall make necessary policies, plans
and programmes for the implementation of the provisi n of Sub-section
(1).
(3) The organizational structure and number of positions in the
Nepalese Army shall be as determined by the Governmnt of Nepal.
Provided that, there shall be only one position of General
(Maharathi) and the same General (Maharathi) shall be appointed for the
post of the Chief of Army Staff.
(4) In the organization of the Nepal Army there shall be a Chief of
Army Staff and other positions as referred to in Schedule-1.
Chapter-3
Appointment, Functions, Duties and Powers of
Chief of Army Staff
8. Chief of Army Staff: 7 (1) The President shall appoint Chief of Army
staff on the recommendation of the Council of Minister . The President
shall provide him/her the insignia (Darjani Chinha).
(2) The Chief of Army Staff shall be the Chief of the Nepal Army.
(3) In a case of vacancy of the post of the Chief of Army Staff due to
leave or any reasons, the Senior Officer of the Nepalese Army as

7 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.



designated 8by the President on the recommendation of the Council of
Ministers shall be the Acting Chief of Army Staff and perform the duties of
the post.
9. Accountability to the Government of Nepal: (1) The Chief of Army
Staff shall be accountable to the Government of Nepal for the functions to
be carried out and duties to be performed by him/her.
(2) The Chief of Army Staff shall, before assuming the office, take
an oath of office in a format as referred to in Schedule-2 before the 9President.
10. Functions, duties and powers of the chief of Army Staff: (1) The
functions and duties of the Chief of Army Staff shall be to manage the
Nepal Army, subject to the directions of the Governme t of Nepal and
prevailing laws.
(2) The Chief of Army Staff shall submit an annual report relating to
the management of the Nepal Army to the Government of Nepal every year
within the month of Baishakh (Around April-May), and the Government of
Nepal shall present such annual report to the 10L gislature-Parliament and
the State Affairs Committee shall discuss on the repo t.
(3) Other functions, duties and powers of the Chief of the Army
Staff shall be as referred to in this Act and as presc ibed in the Rules
framed thereunder.
11. Age bar and tenure of office: (1) The Chief of Army Staff shall hold
office until the age of Sixty One years.

8 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.

9 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.
10 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.



(2) The term of office of the Chief of Army Staff shall be Three
years subject to the provision pursuant to Sub-section (1).
(3) Notwithstanding anything contained in Sub-section (2), 11the
President on the recommendation of the Council of Ministers may, if deems
necessary, remove the Chief of Army Staff before the completion of such
tenure. He or she shall be given an opportunity to defend him/herself, prior
to such removal.
(4) The Chief of Army Staff who is holding office at the time of
commencement of this Act shall continue his/her office subject to the
provision pursuant to Sub-section (2).
Chapte-4
Appointment and Terms and Conditions of Service
12. Appointment and fulfillment of vacancy: (1) A Recruitment
Committee presided by the Chairperson of the Public Service Commission
or a member of the Commission as designated by the Public Service
Commission to recommend the officer level vacant post; and including a
representative nominated by the Public Service Commission as a member
to recommend for the vacant posts lower than officer rank of the Nepal
Army, shall be formed as prescribed.
Provided that, no provision of this Section shall bar for taking
examinations other than those examinations under th supervision of a
representative nominated by the Chairperson of the Public Service
Commission after completion of written examination conducted by the
Committee as referred to in Sub-section (1).

11 Inserted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.


(2) Other functions, duties and powers of the Recruitment
Committee formed pursuant to Sub-section (2) shall be as prescribed.
(3) Other arrangements regarding the recruitment shall be as
prescribed.
(4) The qualifications required for the appointment to different posts
(rank) of the Nepal Army shall be as prescribed.
13. Ineligibility (Disqualifications): (1) The following persons shall be
deemed ineligible for appointment to the posts of the Nepal Army:
(a) Who is not a citizen of Nepal,
(b) Who is convicted by a court of a criminal offence
involving moral turpitude,
(c) Who is removed from the service for being
disqualified for government service in the future,
(d) Who is convicted in an offence of violating human
rights,
(e) Who does not have the qualifications as referred to in
Sub-section (4) of Section 12.
(2) Nothing contained in Clause (a) of Sub-section (1) shall be
deemed to have prevented the Government of Nepal from eceiving
technical and expert services from non-Nepalese citizens for a short term.
14. Appointing Authority: Government of Nepal shall, on the
recommendation of the Recruitment Committee pursuant to Section 12,
appoint in the Officer level ranks and the prescribed official shall appoint in
other levels.


15. Commission: The Minister for Defence shall, subject to the provisions of
this Act and the Rules framed thereunder, Commission the qualified officer
of the Nepal Army.
16. Oath: A person appointed to a post of the Nepal Army shall take an oath as
referred to in Schedule-2.
17. Tenure of office: (1) Except otherwise provided in Section 11, the ag bar
of officers of the Nepal Army shall be as referred to in Schedule-3.
(2) The tenure of office of the officers of the Nepal Army shall be as
referred to in Schedule-4 subject to the provision of Sub-section (1).
(3) Notwithstanding anything contained in Sub-section (2), the
Government of Nepal may extend the tenure of office of the officers as
referred to in Schedule-5, on the recommendation of the Chief of Army
Staff, for being his/her service necessary along with the reasonable grounds
and reasons that an officer is physically capable (fit) even after contributing
a long service to the Nepal Army.
18. Removing from the service and demotion from the rank: (1)
Government of Nepal may remove or dismiss a person serving in the Nepal
Army from the service.
(2) The Commander-in-Chief may demote to a lower grade or rank
or remove from the service to a person serving in Nepal Army other than an
officer.
(3) The Commander of Corps (Chamu), Division (Pritana) or
Brigade (Bahini) or a commander of an equivalent rank or an officer vested
with equivalent authority may remove from service and demote to a lower
rank to a person under his/her command except to an fficer or junior
commissioned officer.


(4) The commanding officer of a Unit or Sub-unit may remove from
service or demote to the lower rank to a Sergeant (Hudda) and other
personnel of lower rank who are under his/her command.
(5) The powers conferred by this Section shall be exercised subject
to this Act or the Rules framed thereunder.
(6) While taking action in accordance with this Section, an
opportunity shall be provided for the defense.
(7) The commanding officer shall provide a certificate which
includes the details as prescribed, if a person who falls under the
jurisdiction of this Act and is removed or is to be removed from the service.
19. Restriction on establishing and operating organization or
association: (1) A person who falls under the jurisdiction of this Act shall
not do the following acts:
(a) To establish, operate, accept membership or assist to a
union, association or organization, or participate in a
programme organized by such union, association or
organization.
(b) To participate or deliver speech to any assembly or to
participate in any demonstration organized by any
person or groups for a political or other similar
purpose.
(c) To publish a leaflet, pamphlet or similar documents.
(2) Notwithstanding anything contained in Clause (a) of Sub-section
(1), nothing shall be deemed to prevent a person who falls under the
jurisdiction of this Act from assisting a religious, ocial, cultural and
entertainment union, association or organization or pa ticipating in a


programme of such union, association or organization upon receiving an
approval of the Government of Nepal and subject to the provision of this
Act.
20. Training and Induction: (1) A person to be included in the organization
of the Nepal Army shall be provided trainings and iuctions on topics
including military education, ethics, physical exercise, human rights and
international humanitarian law.
(2) The arrangements of trainings and inductions pursuant to Sub-
section (1) shall be as prescribed.
21. Promotion, leave and other terms and conditions of services: The
appointment, promotion, leave and other terms and conditions of service
and facilities of the Nepal Army shall be as prescribed.
Chapter-5
Privileges and Immunities
22. Protecting the acts performed during the discharge of duties: If,
someone suffers death or loss while a person under the jurisdiction of this
Act is committing an act in the course of discharging his/her duties in good
faith, no case shall be filed against such person in any court.
Provided that, any of the offences as referred to in Sections 62 and
66 shall not be deemed to be an offence committed in the course of
discharging duties in food faith.
Explanation: For the purposes of this Section, "committing anyct,
in the course of discharging duties", means an act committed during the
performance of duties and it includes any action taken for internal security
or self-defence, including flag march, patrolling and sentry (Chapate) duty.


23. Immunity from arrest: (1) The chairperson or member of Court Martial
or Judge Advocate General Department or a person related to the
proceeding to the Court Martial, legal counsel, attorney (waris) or witness
attending in accordance with the summons issued by the Court Martial,
shall not be arrested on the order of any court or quasi-judicial authority at
the time of entering into or returning from the Court Marital.
(2) If the information of arrest is received pursuant to Sub-section
(1), the Court Martial may request the concerned authority to release such
person immediately.
(3) If, a person under the jurisdiction of this Act engaged in military
proceedings, shall not be detained as per the judgment, decision or order of
any court or Quasi-judicial Authority, for a loan to be paid by him/her.
(4) If an information of arrest, who is not to be arrested pursuant to
Sub-section (1), is received the Court or Quasi-judicial Authority it shall
release such person immediately.
24. Not to Freeze or forfeit: Except the Court Martial, no arms, clothes,
military supplies, animal, vehicle and goods including salary, allowance of
a person under the jurisdiction of this Act, used in the course of discharging
the duties shall be freezed or forfeited, in full or partial, by the decision,
verdict or order of any other Court or Quasi-judicial Authority.
25. Immunity and privilege of the reserve force: A person belonging to
the reserve force shall have all the privileges andf cilities as referred to in
Sub-section (3) of Section 23 and 24 while coming into and returning from
training or service when called by the Government of Nepal or serving in
the job.
26. Priority in the cases: (1) If a case has been registered in a any court or
office in which a person serving in the Nepal Army is a party, and he/she is


present to the court or office with the approval of his/her leave by the
concerned authority and if he/she submits an application to the court or
office requesting disposal of case before the end of his/her leave attaching
the leave approval letter and details of a case, the concerned court or office
shall list it in a priority hearing and order to finalize it before the end of
his/her leave.
(2) No fee shall be required for the application to be submitted as
referred to in Sub-section (1).
(3) If the disposal of a case cannot be made before the nd of his/her
leave, the court or office shall inform the same.
(4) If a question is raised about a leave approving authority, the
decision of the Division Commander (Pritanapti) or Brigadie Commander
(Bahinipati) or officer of the same rank shall be final.
27. Complaint regarding any sufferings or injustice: (1) If an officer
under the jurisdiction of this Act is caused injustice on any matter by the
commanding officer or any senior officer, he/she may complain against
such grievance to his/her commanding officer.
(2) If a person is not satisfied with the decision made by the
commanding officer or Commander (Pati) to the complaint pursuant to
Sub-section (1), he/she may file an application to the Chief of Army Staff.
(3) A person below the rank of officer may file such a complaint to
the concerned Commander (Pati).
(4) If a complaint as referred to in Sub-section (3) is not heard by the
Commander (Pati), a complaint may be filed to the commanding officer
and if it is also not heard by the commanding officer or one is not satisfied
with such decision, a complaint may be filed to the superior officer than the
commanding officer; and if such complaint received, the commanding


officer shall provide a receipt thereof to the complainant and forward it to
the senior level. If the commanding officer fails to forward such complaint
to the senior level, he/she shall be liable for a disciplinary action.
(5) If a complaint is received pursuant to Sub-sections (1) and (4),
the complaint hearing authority shall examine the complaint and resolve the
problem, and shall forward the complaint to the superior level if so
required.
(6) If a complaint has to be filed against a person who hears a
complaint, it shall be filed to the officer superior t such officer.
(7) The decision made by the Chief of Army Staff on a complaint as
referred to in this Section shall be final.
(8) The procedures for the hearing shall be as prescribed.
(9) The Government of Nepal, if it deems reasonable, may review
the decision made pursuant to this Section.
28. No effect on facilities entitled in accordance with existing laws:
The facilities to be received as referred to in this Chapter shall not be
affected by other facilities received pursuant to the prevailing laws.
Chapter-6
Army Welfare Fund
29. Establishment and operation of welfare fund: (1) A welfare fund
may be established for the welfare of incumbent andex-personnel of the
Nepal Army and their families.
(2) The following amounts shall be credited to the Fund as referred
to in Sub-section (1):


(a) The amounts deducted in the prescribed percentag
from the fund received for rendering service by the
Nepal Army while deployed in peace keeping missions
in any part of the world on the request of the United
Nations Organizations,
(b) The amounts saved from meeting the cost of welfare
activities which are conducted from the interest of he
fund deposited in various Banks and financial
institutions,
(c) The income amounts received from the investment on
welfare activities as prescribed.
(d) The amounts deposited as the principal amount in
various banks and financial institution from Aashad
2032 B.S. to the date of commencement of this Act
and the interest received from those amounts.
(e) The movable and immovable property of the
institutions prescribed by the Army Headquarters and
amounts increased therefrom.
(f) The movable and immovable property being used by
the Nepal Army and amounts increased therefrom.
(3) There shall be a Seven member Army Welfare Fund Operation
and Management Committee as following, to operate the welfare fund
pursuant to Sub-section (1) comprising:-
(a) Chief of Army Staff Chairperson
(b) Two persons nominated by the Patron
from amongst the serving and ex- Member


military officers
(c) Two persons nominated by the Chief of
Army Staff from amongst the serving
and ex-military officers Member
(d) Representative from the Ministry of
Finance (gazetted first class officer) Member
(e) Representative from the Ministry of
Defence (gazetted first class officer) Member
(4) There shall be a Welfare Planning Directorate in the Army
Headquarters to assist the daily functions of the Committee. The functions,
duties and powers of the Directorate shall be as pre cribed.
(5) The amount as accumulated in the Fund pursuant to Sub-section
(2) shall be expended for the welfare of serving and ex-personnel of the
Nepal Army and their families.
Explanation: For the purpose of this Section "family" means
husband or wife, son, daughter and mother and father; as well as mother-in-
law and father-in-law in the case of female employees; whom the retired or
incumbent employee of the Nepal Army is responsible for taking care,
30. Patron of the welfare fund: The Prime Minister shall be the patron and
the Minister of Defence shall be the joint patron of the fund.
31. Functions, duties and powers of the Committee: The functions,
duties and powers of the Committee shall be as follows:
(a) To formulate, implement, coordinate and monitor on welfare
activities, income generating activities as prescribed and
welfare planning,


(b) To carry out welfare activities as required to the family of the
Army personnel who were killed or seriously injured
(Angabhanga) at the time engaging in the military activities,
(c) To reduce, increase or remove facilities and concession under
the welfare acts,
(d) To formulate and implement the procedures and guidelines
relating to the welfare activities, income generating activities
and welfare planning as required,
(e) To carry out welfare activities on the land and physical
infrastructures of the Nepal Army upon entering into the
agreement with the Army Headquarters,
(f) To form administrative, financial and technical unit for welfare
activities, income generating activities and welfare planning, to
appoint necessary human resource for such unit and prescribe
their terms of service and remuneration as per necessity,
(g) To appoint experts for the effective implementation f the
welfare activities, income generating activities and welfare
planning, and prescribe the terms of service and remuneration,
(h) To depute military personnel as per necessity for the security
where welfare activities, income generating activities and
welfare planning are launched,
(i) To receive, purchase, rent, use and sell movable and immovable
property subject to this Act,
(j) To carry out other functions as prescribed.


32. Account of fund and audit: (1) An account of daily income and
expenditure of the fund shall be maintained in accordance with prevailing
law and the internal audit of the fund shall be made s prescribed by the
committee.
(2) The final audit of the fund shall be made by the office of the
Auditor General.
33. Submission of annual report: The Committee shall submit a report
including income, expenditure and progress details to the patron, and
provide a copy of it to the State Affairs Committee of the legislature every
year.
34. Delegation of powers: The Committee may delegate some of its powers
conferred on it pursuant to this Chapter to the Welfar Planning Directorate
as per necessity.
35. Situations for depriving from facilities and concessions: (1) In the
following circumstances the serving and ex-military personnel and their
families may be deprived fully or partially of their entitlement to facilities
and concessions relating to programmes conducted under the welfare
activities:
(a) If acts detrimental to the Nepal Army are proved to
have been committed,
(b) If acts contrary to the Constitution and this Act is
proved to have been committed,
(c) If the misuse of facilities and concessions entitled in
pursuant to this Chapter is proved to have been
committed,
(d) If a penalty is imposed on an offence against state.


(2) Notwithstanding anything contained in Sub-section (1), only the
serving or ex-military personnel or their family meber who has
committed an act referred to in 12Sub-section (1) shall be deprived of the
entitlement of facilities and concessions relating to programmes conducted
under the welfare activities.
36. Other arrangements: Other arrangements regarding the use, operation
and management of the Army Welfare Fund shall be as pre cribed.
Chapter-7
Offences
37. To be deemed to have committed an offence: If a person under the
jurisdiction of this Act commits any of the acts as referred to in Sections
38 to 65, it shall be considered to have committed an offence in accordance
with this Act.
38. Enemy related offences: To commit any of the following acts shall be
deemed as an enemy related offence:
(a) To abandon the garrison, fort, post or a place assigned for guard
entrusted for securing or to handover (give up) thesame
cowardly to the enemy or to inspire or compel to any
commanding officer or other person to do so,
(b) To give up arms, ammunitions or equipment before the enemy
shamelessly, or behave in a way that reflects a cowardly
behaviour,

12 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.


(c) To propagate propaganda with a view to undermining the
morale or terrorizing the garrison, camp or platoon during a war
or military operation,
(d) To exchange any correspondence or confidential information
traitorously with any other person or enemy raising arms
against Nepal, or in committing any other such act,
(e) To help, directly or indirectly, the enemy by supplying arms,
ammunition, explosives, cash, equipment or any other goods, or
(f) To act to undermine the Nepal Army or any of its force or wing,
(g) To raise a cease-fire flag before the enemy upon acting in a
treacherous or cowardly manner,
(h) To knowingly work together with a detained enemy or provide
assistance to an enemy,
(i) To provide shelter or protect any enemy who is not a prisoner of
war,
(j) To sleep or consume narcotic or alcoholic substance t the post or on
the sentry duty during the time of a war or terror,
(k) To knowingly compel or inspire any person under the jurisdiction of
this Act with an intention not to take action against the enemy or to
cause any obstruction or to discourage,
(l) To desert without approving the leave from the leaving his
commanding officer or to leave post, guard, picket, patrol or part at
the time when military an operation is underway without being duly
replaced or leave sanctioned.


39. Mutiny: To commit any of the following acts shall be deemd to be
mutiny offence:
(a) To be involved in the mutiny,
(b) To stage or make arrangements for staging a mutiny together
with a person belonging to the Nepal Army or with any other
force assisting it, or instigate others or conspire fo the same,
(c) Not to attempt to, as far as possible, stop a mutiny when one is
present at the place of a mutiny,
(d) To fail to report to the commanding officer or any other superior
officer who has the knowledge regarding the intention of the mutiny
or where there is appropriate reason to believe that someone is
intending or conspiring to stage the mutiny,
(e) To deviate oneself or any other person from patriotism and duty, or
to cause to incite or to cause any other person to deviate from
patriotism or duty.
40. Enemy-related other offences: The commission of any of the following
acts shall be deemed to be an enemy related offence:
(a) To become a prisoner of an enemy failing to remain alert with due
care in advance or failing to obey the orders or due to being
negligent to the duties; or not to get back even thoug there were a
possibility to get back after being the prisoner of the enemy,
(b) To engage oneself in correspondence or exchange intelligence in any
manner with the enemy without an appropriate authority, or not to
knowingly report immediately to a commanding officer or other
superior officer the information in relation to such activities, or
(c) To raise a cease-fire flag without an appropriate au hority.


41. Offences against military operation: To commit any of the following
acts shall be deemed to be an offence against military operation:
(a) To forcefully act against a security guard or sentry, o causing them
to do so,
(b) To enter into a building (house) or place with the intention of
looting,
(c) To sleep or use narcotic or alcoholic substance while on duty at the
post as a sentry,
(d) To leave (give up) guard, picket, patrol or post without the
permission of a superior officer,
(e) To intentionally or negligently give signals or information to cause
terror in the camp, garrison or quarters, or to spread unnecessary
discouraging or terrorizing propaganda therein,
(f) To divulge any information about watch words and countersigns to
any unauthorized person, or knowingly provide false or different
parole or signals to an authorized person.
42. Desertion-related offences: (1) To commit of any of the following acts
shall be deemed to be an offence desertion:
(a) To desert from service after an order of military
operation or after the start of such an operation,
(b) To desert from service except for the conditions as
referred to in Clause (a),
(c) To knowingly provide shelter to any person under th
jurisdiction of this Act who is deserting the service,


(d) To knowingly provide benefit, help or assistance to a
deserter,
(e) To fail to immediately inform a superior officer oany
higher ranking officer who has knowledge of any
person under the jurisdiction of this Act is deserting or
about to desert the service, or not to arrest him/her
even so authorized,
(f) Not to diligently search for and arrest a deserter,
(g) Not to take necessary action despite the knowledge of
desertion,
(h) To desert from the barracks, camp, or quarter.
(2) If a person who has been confirmed absent without leave does
not report himself/herself or not found, he or she all be considered to be a
deserter.
43. Offence of allowing someone in custody to escape: Releasing an
individual in custody without proper authority or without reasonable
grounds for release while on guard, picket, patrol, c mmand of post or
during duty; or not taking a prisoner to be taken into custody or not taking
one's turn at duty shall be considered an offence of all wing someone in
custody to escape.
44. Offence relating to assault or intimidation: To commit any of the
following acts shall be deemed an offence of assault or intimidation:
(a) To threat a superior officer,
(b) To assault or use criminal force against a superior officer,
(c) Not to respect the dignity of a superior officer byspeaking in an
undermining way or treat him/her in a degrading manner.


45. Defiance related offence: The commission of any of the following acts shall
be deemed a defiance related offence:
(a) To knowingly defy a legal order issued through oral (verbal),
written, signal or any other manner by an authority or an officer
under the jurisdiction of this Act or by a superior officer during the
official work;
(b) To show negligence to obey the general, local or any other type of
order issued by a superior officer.
46. Offences related to loss or damage to property: To commit any of the
following acts shall be deemed an offence of loss or damage of property:
(a) To cause loss or damage to the property as referred to in Clause (a)
of Section 41 or the property of a military instituon or any person
under the jurisdiction of this Act, or any person working for the
Nepal Army or of any other person involved in the Npal Army,
(b) To set fire or cause loss or damage to government property,
(c) To mistreat, cause injury, kill, take away or loss any animal which is
in his/her custody.
47. Offences relating to forgery or falsifying particulars: To commit any
of the following acts shall be deemed an offence of forgery or falsifying
particulars:
(a) If a person whose duty is to confirm the authenticity of a report,
account, description, certificate or any other document prepared or
signed by an authorized person examines it fraudulently, or certifies
a false content of such document to submit as a true one with an
intention of deceit or becomes accomplice in such an act,


(b) If, in the course of certifying a document as referred to in Clause (a),
someone does not write knowingly the matter to be written to deceit
someone else or becomes an accomplice to such act,
(c) If someone knowingly distorts, conceals, takes away or leaves blank,
with an intention of causing loss or deceit to somene else, any
document for which one has the responsibility to prtect or must
submit when required,
(d) If someone knowingly makes any false declaration who has a duty to
keep such an information,
(e) If someone having knowledge about or having reasonable grounds to
believe on the fact that there are false particulars on any statement,
document or record, writes or causes to write false particulars of
one's own or somebody else on memoranda or statemens which
allows for the receipt of pension, allowances, other facilities, or
special provisions.
48. Offence related to obstruction or use of criminal force: To commit
any of the following acts shall be deemed to be an offence of opposition and
obstruction or use of criminal force:
(a) To disobey the order concerning one's arrest even when given by a
lower ranking officer, in the case of being involved in any quarrel,
riot or disturbance; or to attack such an officer who gave order of
such arrest, or to use criminal force against a high ranking officer,
(b) To use force or attack a person who has been placed in one's custody
pursuant to the law, irrespective of whether this Act is applicable to
that person or not, or whether that person is a higher ranking officer
or not;


(c) To oppose or obstruct the person or escort whose duty is to arrest or
take one into custody,
(d) To obstruct the Chief of the Military Police, or his/her authorized
representative while engaged in the legal discharge of duties, or not
to extend cooperation, when requested, in the discharge of his/her
duty,
(e) To use criminal force or assault any person who supplies goods or
rations to the Nepal Army.
49. Offence against property: The commission of any of the following acts
shall be deemed an offence relating to property:
(a) To use the public or governmental property, mess or band of Nepal
Army in private interest or use the property of any army or of any
person under the jurisdiction of this Act with mala fide intent or
misappropriating it or stealing or taking them in possession
fraudulently and with male fide intent,
(b) To fraudulently receive or keep such property knowingly or having
reasonable grounds to believe that it is related with the commission
of crime as referred to in Clause (a).
(c) To damage or cause loss to governmental property under one's own
custody.
50. Offences regarding cheating or coercion: To commit any of the
following acts shall be deemed to be an offence of cheating and coercion:
(a) To commit any act with an intent of cheating, causing undue benefit
or a loss to any other person,
(b) To obtain forcibly or under coercion cash or goods f any other
person or force someone in to labour without authority.


51. Offences of desertion with arms and other things or their misuse:
The commission of any of the following acts shall be deemed an offence of
desertion with arms and other things or their misuse:-
(a) To escape along with arms and ammunition, supplies, equipment,
tools, clothes or any other governmental property obtained by
oneself or put into custody or become an accomplice in such escape;
(b) To lose any property as referred to in Clause (a);
(c) To deface, destroy sell or mortgage any medal or decoration granted
to him/her.
52. Offence against discipline and code of conduct: To commit of any of
the following acts shall be deemed an offence against discipline and code of
conduct:
(a) To consume drugs;
(b) To behave in a hostile or unpredictable manner, demonstrate
reprehensible character or behave in a cruel manner;
(c) To create one's own physical weakness or disease;
(d) To pretend to be suffering from any disease or weakn ss, while
being healthy; or to deliberately prolong or increas the severity of
disease or not to allow healing;
(e) To cause injury to oneself or to any other person with an intention of
causing disqualification for the service;
(f) To mistreat by using criminal force by an officer, junior
commanding officer or non-commanding officer to a person under
the jurisdiction of this Act while stating that one is of a lower rank;
(g) Not to complete any act that maintains order or military discipline or
to commit any act against order or military discipline;


(h) To use alcoholic substances;
(i) Not to behave in a manner suitable to the post;
(j) To establish or operate an association or organization in
contravention to Section 19 or in taking part in such activities;
(k) To use any army personnel on any acts other than acts regarding the
discharge of duties in accordance with this Act or Rules framed
hereunder.
53. Offences related to certification of incomplete document: To commit
any of the following acts shall be deemed to be an offence of certification of
incomplete document:
(a) To certify in a blank space to deceive anybody elseby a person who
has a duty to prepare or certify a document relating o salary,
weapon, cartridge, goods, equipment, cloths, food items;
miscellaneous goods and stores, or record of government property.
(b) To refuse to prepare or send a report or details or not to prepare or
send with negligence by a person who has a duty to do he same.
54. Offence related to false statements or details: If a person under the
jurisdiction of this Act, after taking oath before the Military Court, records
false statements or details; or if there is no ground to believe that such
statement or detail given or believed to be false are true; shall be considered
an offence related to false statements or details.
55. Offence of taking appointment by means of lying: To commit any of
the following acts shall be deemed to be an offence of taking appointment by
means of lying:
(a) To take appointment in his/her usual Corps (Chamu) or Department
or any other Corps (Chamu) or Department without fulfilling the


conditions needed for one's recruitment or without being duly
relived of one's duty from one's Corps or Department,
(b) To be involved in the act of recruiting any person in any wing of the
Nepal army while knowing that there are circumstances in which the
person is suspected of having committed a crime under this Act or
there are grounds to believe that such circumstance exist,
(c) If it is proved that one has intentionally provided false information
on the application for recruitment,
(d) To submit fake or false certificate for recruitment, promotion,
training or any other purpose of the service.
56. Offence of escaping from custody: Escaping from custody while being
in legal custody shall be deemed committing an offence escaping from
custody.
57. Offences of false allegation: To commit any of the following acts shall be
deemed to be an offences of false allegation:
(a) To make a false allegation knowingly against any person to whom
this Act is applicable or having sufficient reason t believe that the
charge was false; or
(b) To lodge a complaint or give false statement pursuant to Section 27
knowingly or having sufficient reason to believe that the statement is
false, in a manner that could damage the character of a person whom
this Act is applicable or to conceal the actual facts related thereto
which are in his/her knowledge.
58. Offences of absence without leave: To commit any of the following acts
shall be deemed to be an offence of absence without leave:
(a) To be absent without approving a leave,


(b) To remain absent beyond the period of leave without sufficient
reason,
(c) To fail, without sufficient reason, to join his/her formation, unit or
any organ thereof immediately upon receiving a notice from an
appropriate authority about the order issued for his/her formation or
unit or any organ thereof to take military actions,
(d) To remain absent from the place fixed for his/her duty or physical
exercise (Byayam) or from the parade in the given time,
(e) To leaving the parade or march line without the permission of
his/her superior authority or without sufficient cause,
(f) To remain present at any fixed place outside or restricted place as
prescribed through any orders of general, local or other nature, or at
any prohibited place, at a time of being stationed i a camp, garrison
or any other place, without obtaining a pass or a written permission
from his/her immediate superior officer,
(g) To remain absent at any school (Training Institute) at a time when an
order has been issued to attend school, without obtaining leave from
an immediate superior officer or without appropriate reasons thereof.
59. Offences related to court martial: To commit of any of the following
acts shall be deemed to be an offence related to Court Martial:
(a) Not to be appeared before the court martial as an wit ess without
any appropriate reasons even a legal summons or order has been
issued,
(b) To refuse to take an oath before court martial ,
(c) To refuse to abide by an order to submit or handover any document
in one's custody to the court martial,


(d) To refuse to answer a question asked in accordance with law as an
witness,
(e) To show disrespect or commit contempt of the court martial by
causing hindrance or obstruction or speaking threatening
sentence therein,
(f) To ignore the execution of the decision or order of c urt
martial.
60. Offence of freezing salary illegally: A person, who is responsible for
paying salaries, if refuses to pay or freezes illegally the salary of any
person to whom this Act is applicable, instead of paying in due time,
it shall be deemed to have committed an offence of freezing salary
illegally.
61. Offence related to irregular (illegal) arrest or detention: To commit
any of the following acts shall be deemed to be an offence related to
irregular (illegal) arrest or detention:
(a) To arrest or hold a person in to detention without producing
him/her before the concerned officer for investigation or to
delay investigation without any reason,
(b) Not to produce a person along with appropriate reasons to keep
a person into custody immediately or as soon as posible or
within Twenty Four Hours at any cost before the officer who
has the authority to keep a person into military custody or of the
Judge-advocate General, without any reasonable cause.
62. Special provisions relating to offences of corruption, theft, torture
and disappearance: (1) To commit any acts which are defined as an


offence of corruption, theft, torture and disappearance by prevailing law
shall be deemed to have been committed the offence of orruption, theft,
torture and disappearance.
(2) There shall be a committee comprising of the following persons
to conduct an investigation and inquiry into the offences provided in Sub-
section (1):
(a) Deputy Attorney General as designated
by the Government of Nepal Chairperson
(b) Chief of legal section of the Ministry of
Defence Member
(c) Representative of Judge Advocate
General Department not below the rank
of Major (Senani) Member.
(3) The representative referred to in Clause (c) of Sub-section (2)
shall be a person who is not concerned with to the Court Martial of the
concerned case.
(4) The original jurisdiction to hear and dispose of the case as
referred to in Sub-section (1) shall be on the Special Court Martial formed
pursuant to Sub-section (1) of Section 119.
(5) The committee formed pursuant to Sub-section (2) shall have the
power equivalent to the power conferred on by prevailing laws to an
investigating and inquiry officer in respect to those cases.
63. Miscellaneous Offences: (1) To commit any of the following acts shall be
deemed miscellaneous offences:
(a) To misbehave, beat or trouble by any other means by a
person in command of any post or march to a person in


his/her command; or commit hooliganism in a public
place; or trespass; or not submit a petition made for
compensation before the concerned authority for
having caused damage by trespassing; or not to cause
to provide compensation,
(b) to disturb the sacredness of a religious place or
knowingly disrespect the religion of any other person
by any other means or to cause disrespect to religious
sentiments,
(c) To carry arms or ammunitions by a soldier below the
rank of junior commissioned officer (Jamdar),
weapons or explosives when not on duty, without the
order of the concerned authority around the camp or
cantonment or when going to the city or market or
return therefrom;
(d) To receive or accept to receive, bribe or any other
benefit for causing recruitment or promotion to any
person, directly or indirectly, into the Nepal Army or
in approving leave or for giving the impression of any
other benefit,
(e) To cause any loss or damage to the body or property of
any citizen or inhabitant of the country where he/s is
serving.
(2) Except otherwise provided in Sub-section (1), to commit any
prohibited act other than the offence those referred to in this Chapter by a
non-commissioned officer or any lower ranking soldier during military
operations, it shall be considered a miscellaneous offence.


64. Attempt: To attempt to commit an offence as referred to in th s Chapter or
any act for such purpose shall be deemed an attempt to commit such an
offence.
65. Inducement: To induce to commit any offence as referred to in this
Chapter shall be deemed an inducement to commit such an offence.
66. Offences under other Laws: (1) In a case a person under the jurisdiction
of this Act commits any offence as referred to in Sections 38 to 65 and
except in a that condition such an offence is committed by any military
personnel against any other military personnel, if the person under the
purview of this Act commits any of the following offences such a lawsuit
shall fall under the jurisdiction of other courts:
(a) Homicide,
(b) Rape.
(2) If the agency or investigating officer conducting an investigation
and inquiry issues an order to handover the accused (alleged person)
involved in the offence as referred to in Sub-section (1), the commanding
officer or Commander (Pati) or concerned officer shall hand him/her to the
agency or officer issuing such order. The retirement or desertion of a person
shall not bar to conduct an investigation and take action in accordance with
law.
(3) The person who comes under the jurisdiction of this Act is being
investigated fallings under the jurisdiction of other court shall ipso facto be
suspended during the period of his/her custody and until the final decision
if a case so lodged.
(4) Even if an investigation into an offence under the jurisdiction of
other courts is started in respect to a person under the jurisdiction of this
Act, nothing in this Section shall be a bar to form a court of inquiry and


conduct an investigation and take necessary action on the offence that falls
under this Act.
Chapter-8
Formation and Jurisdiction of Court Martial
67. Formation of Court Martial: (1) For the purpose of the trial and
disposal of a case related to the offence as referred to in Chapter-7, the
court martial shall be formed as following:
(a) The General Court Martial consisting Five officers as
One General (Rathibrinda), Two Colonel Mahasenani)
or Lieutenant Colonel (Pramukh Senani) and Two
Majors (Senani).
(b) The Summary General Court Martial comprised of
Three officers including at least Two officers of the
rank of Major (Senani).
(c) The District Court Martial comprised of Three officers
as officers completed Three years of the term of
Commissioner.
(d) The Summary Court Martial comprised of One officer
who commands the Department, Formation or Unit of
the Nepal Army.
(2) There shall be at least One officer who is a law graduate to the
extent available, in the Court Martial as referred to Clause (a) and (b).
(3) For the purpose of assisting the proceeding of the Summary
Court Martial, there shall be Two Officers or Two Junior Commissioned
Officers (Padik) or One from each rank.


(4) The Court Martial shall not proceed with or hear the case if the
Court Martial, lacks the number of persons therein as referred to in Sub-
section (1).
68. Jurisdiction of Court Martial: The jurisdiction of the Court Martial
shall, except on the cases as referred to in Sections 62 and 66, be as
following:
(a) The power of trial, hearing and adjudicating and imposing penalty
upon disposal of a case of an offence committed by a person under
the jurisdiction of this Act shall be with the General Court Martial
and Summary General Court Martial.
(b) The power of trial, hearing, adjudication and imposing penalty upon
disposal of a case of an offence, in which maximum Two years'
imprisonment may be imposed, committed by a person under the
jurisdiction of this Act except a person of the rank of officer or
Junior Commissioned Officer shall be with the District Court
Martial.
(c) Subject to the provisions mentioned in the following Sub-clauses,
the power of trial, hearing, adjudication and imposing penalty upon
disposal of a case of an offence, committed by the person under the
jurisdiction of this Act except a person of the rank of officer or
Junior Commissioned Officer shall be with the Summary Court
Martial.
(i) A case for which One year imprisonment may be imposed, if
the Court Martial is convened by the officer of the rank of
Lieutenant Colonel (Pramukh Senani) or senior to him/her,


(ii) A case in which Six months imprisonment may be imposed, if
the Court Martial is convened by an officer of the rank below
Lieutenant Colonel (Pramukh Senani).
69. Decision to proceed a case in Court Martial or other court: (1) If
there is a dispute regarding the filing of a case under the jurisdiction of this
Act whether with the Court Martial or other Courts, it shall be filed with
other courts.
(2) If a case is to be filed to another court, the accused shall be
suspended from service and handed over to court where t case has been
registered.
70. Save from double jeopardy: Any person under the jurisdiction of this
Act, after being subjected to trial, hearing and adjudication of an offence as
referred in from Section 38 to Section 65 of this Act by the Court Martial or
other court, or after being subjected to departmental action, shall not be
subjected an action again for the same offence.
71. Limitation to file a case: (1) Except those offences as referred to in
Sections 39, 42, 46, 49, 55, 56, and 62, no case shall be filed before the
Court Martial for an offence after than Three years from the date of cause
of action.
(2) When calculating the time period for the purpose f Sub-section
(1), the period of being held as a prisoner of war or of having been within
the territory of the enemy or of having absconded without arrest after
committing an offence shall not be included.
72. Liable to prosecution: (1) A person who commits an offence while
he/she was under the jurisdiction of this Act, he/s may be held in a
military custody and subjected to trial even such person is does not fail
under the jurisdiction of this Act.


(2) Notwithstanding anything contained in Sub-section (1), except as
provided in the offence as referred to in Sections 39, 42, or 55, no case may
be initiated after the expiry of Six months when his/ er applicability of this
Act ceases.
(3) After the imposition of imprisonment by a Court Martial on a
person to whom this Act is applicable, even if such person is removed or
dismissed from the service of the Nepal Army or the applicability of this
Act ceases in respect to him/her in any way, this Act shall remain
applicable to such person until the completion of the penalty imposed on
him/her and such penalty may be implemented.
73. Authority to convene Court Martial: (1) The following officers shall
have authority to convene a Court Martial:
(a) Unless otherwise directed (ordered) by the
Government of Nepal, the Chief of Army Staff or an
officer authorized by him shall convene the General
Court Martial,
(b) Unless otherwise directed (ordered) by the
Government of Nepal, the following officers shall
convene the Summary General Court Marital:
(i) The officer who is authorized by the Chief of
Army Staff,
(ii) The officer who is engaged in a military
operation or a person authorized by him,
(iii) The officer who commands any unit engaged in
a military operation who decides that is not
practical to try a case by the General Court


Martial taking into consideration Army
disciplines and necessity.
(c) The officer who is authorized to convene the General
Court Marital in accordance with Clause (a) or an
officer authorized by him shall convene the District
Court Marital,
(d) The commanding officer of a Department, Formation
or Unit of Nepal Army shall convene the Summary
Court Marital.
(2) The Court Martial Convening Officer shall convee the Court
Martial within Thirty days of the date of the cause of convening.
(3) While authorizing as referred to in Clause (a) and (b) of Sub-
section (1), the authority may lay down conditions as required.
Chapter-9
Investigation, Inquiry and Registration of a case
74. To hold in military custody: (1) If a person, who comes under the
jurisdiction of this Act is an accused of an offenc as referred to in Chapter-
7, he or she may be held in military custody.
(2) An accused of an offence may be ordered to be held in military
custody by any officer whose rank is senior to him or her.
(3) Notwithstanding anything contained in Sub-section (2), a person
who is engaged in a quarrel, rioting or causing disturbances may be ordered
to hold in military custody by a junior officer even the accused is in a
senior rank.
(4) If a person is alleged to have committed an offence outside the
jurisdiction of this Act and is subjected to the jurisdiction of other court,


and it is necessary to be held him or her in custody a proceedings for the
period of investigation to prosecution, he/she shall be suspended from
service and may be held in military custody or police custody as per the
order of the court. If his/her presence in court is necessary, he or she shall
be produced by the relevant military officer.
Provided that, he or she shall not be held in military custody after the
filing of a case.
(5) One shall be produced before the Court Martial if he or she is to
be prosecuted in a Court Martial and to other court if he or she is to be
prosecuted in the other court.
75. Responsibility of the commanding officer during custody: (1) If the
commanding officer receives a report that a person under his/her command
has been held in custody, he/she shall make arrangements not to hold
him/her in custody exceeding the period of Twenty Four hours without an
investigation except the time to be taken for journey.
(2) Notwithstanding anything contained in Sub-section (1), if there is
a situation that the same (Twenty Four hours provisi n) is not possible due
to lack of public transportation services, he/she may be held in custody for
a reasonable period.
(3) The commanding officer shall forward all the details of the
person who is being held in custody exceeding Twenty Four hours, and
reports with reasons, to the Chief of Army Staff or the Judge Advocate
General (Prad Viwak).
(4) If it is necessary to hold a person who is not engaged in a
military operation for more than Eight days due to the failure to issue an
order to convene the Court Martial for the proceeding of his/her case, the
commanding officer shall submit reports along with reasons for such delays


to the officer prescribed by Sub-section (3) every Eight days until the
formation of a Court Martial or the release of the accused.
(5) For the purpose of this Section, the calculation of Twenty Four
hours shall not include the period of public holidays.
76. Request to arrest: (1) If it is necessary for the commanding officer to
arrest a person alleged to have committed an offence he/she may request
the Chief District Officer of the district where the alleged person resides,
and if the Chief District Officer receives such a request, he/she shall arrest
(cause to) the alleged person and hand him/her overto the concerned
officer.
(2) The commanding officer of the Formation, Unit, Sub-unit to
which a deserted person belongs may request the Chief District Officer to
arrest him/her, mentioning his/her personal details, nd if the concerned
officer receives such request, he/she shall arrest such deserting person and
hand him/her over to the concerned officer.
(3) Notwithstanding anything contained in Sub-section (1) or (2), if a
police officer has reasonable cause to believe that a person has absconded
or deserted his/her job upon committing an offence, he/she may arrest such
person without an arrest warrant and shall forward him/her to the Chief
District Officer for necessary action.
77. Inquiry as to absence without leave: If a person to whom this Act is
applicable remains absent for more than Thirty days without permission, a
court of inquiry shall be formed as soon as possible. The officer of court of
inquiry, while conducting an inquiry after taking an oath, shall conduct
enquiries whether or not the person is absent without approval of leave or
without reasonable cause of leave, and shall also inquire whether property,
arms, ammunition, equipment, instruments, clothes or other items under


his/her custody is entact or not, and make a decision accordingly. The
commanding officer shall record the content of such decision to the record
book of the Court Marital of the relevant Division r Corps.
78. Chief of Military Police: (1) Unless otherwise instructed (ordered) by the
Government of Nepal, the Chief of Army Staff or any officer designated by
him or her may appoint a Chief of Military Police.
(2) It shall be the main duty of the Chief of Military Police to take
under his/her custody persons held in detention in co sideration of any
offence committed by them, maintain order and discipline in the Army and
prevent violation of order or discipline by persons who are joining to or
serving in the Nepal Army.
(3) The Chief of Military Police may arrest a person who has
committed an offence or is accused (suspect) of committing an offence, at
any time for appearing before the trial, and he/she shall execute the penalty
imposed by a Court Marital or any officer exercising the powers to order
for departmental action.
Chapter-10
Procedures of Court Martial
79. Duty station and bench of Court Martial: (1) The Court Martial may
establish a duty station at any place inside or outside of Nepal during the
proceeding of the case.
(2) Except in situations to protect national security, public order and
rights of victims, the Court Martial shall normally sit in open session.
80. Chairperson of Court Martial: (1) The senior officer amongst the
officers of a Court Martial shall chair the Court Martial.


(2) If the senior officer who chairs the Court Marti l is absent, the
second in seniority shall, subject to the provision f Section 67, chair the
Court Martial.
81. Presence of Judge Advocate General (Prad Viwak): (1) The Judge
Advocate General (Prad Viwak) or the Prad (Law) Officer assigned or
designated by him/her shall be present in every General Court Martial,
Summary General Court Martial and District Court Martial as the Prad
Viwak.
(2) If a person who is accused of an offence submits a request for
his/her defence to designate a Prad Officer of his/her choice in a Court
Martial to the Defence Section of the Prad Viwak, the Prad Viwak shall
assign a Prad Officer accordingly. The Prad Officer shall defend him/her
in the Court Martial if he/she is so assigned.
82. Objection may be raised: (1) After the submission of case to a Court
Martial for trial, the name of the chairperson and members of the Court
Martial shall be read to the accused, and he/she shall be asked whether
he/she has any objection regarding the Chairperson or a y other member or
not.
(2) If the accused raises any objection regarding the Chairperson or
any other member, the court shall keep records of the reasons thereof and
the reply made by the Chairperson and such other member. The
Chairperson or members not so objected shall discuss on such objection
and shall make a decision in the absence of the Chairperson and member so
objected.
(3) If at least Fifty percent of members agree with the objection, the
seat of the Chairperson and member so objected shall be vacated. The
vacant seat shall be filled by nominating another officer, and the procedures


of objection as referred to in Sub-section (1) shall also apply to such a new
Chairperson or member.
(4) After completion of procedures of objection as referred to in
Sub-section (1) and (2), the Court Martial shall begin with the trial of a
case.
83. Oath: Before the beginning of a trial, the Chairperson, members and the
Prad Viwak shall take oath in the manner as prescribed.
84. Procedures for decision making: (1) The Court Martial shall make
decisions on the basis of a majority vote. In the case of a tie, the decision
shall go in favour of the accused.
Provided that, the following matters shall be decidd as follows:
(a) To render a penalty of life sentence along with
confiscation of entire property by the General Court
Martial it shall require at least a Two Thirds majority
vote.
(b) To render a penalty of life sentence along with
confiscation of entire property by the Summary
General Court Martial it shall require unanimous vote.
(2) Notwithstanding anything contained in Sub-section (1), the
opinion supported by the Chairperson shall prevail on the procedural
matters other than the imposition of penalty and rendering of the judgment.
(3) In the course determining the penalty (sentencing) by the Court
Martial, the Prad Viwak present before the Court Martial or his/her
representative may give a separate opinion.
(4) In the course of investigation and hearing of a case which falls
under the jurisdiction of a Court Martial, the rights regarding criminal


justice shall be protected and sufficient opportunity to produce evidence in
defence shall also be granted.
85. Taking judicial notice: The Court Martial may take judicial notice that
the military matters are within the general knowledg of the Chairperson
and members.
86. Summoning: (1) The officer convening the Court Martial or the
Chairperson of the Court Martial or the Prad Viwak or the commanding
officer of the accused may issue a summons to the concerned persons to
produce any document or any other item, and to attend at the place and in
the time as prescribed for recording the statement as a witness.
(2) If it is necessary to cause to produce any particular document or
any item that is in the possession of a witness, such a matter shall be
mentioned in the summons per se.
(3) If a witness is a person under the jurisdiction of this Act, the
summons shall be dispatched to the commanding officer and such officer
shall cause to serve the summons to the concerned person.
(4) If it is known that a witness is under the jurisdiction of Chief
District Officer, the summons to such witness shall be dispatched to the
Chief District officer and he/she shall cause to serve the summons to the
witness.
(5) Every person who has to record his/her statement in the Court
Martial shall take an oath, as prescribed, before recording his/her statement.
87. Sealed questionnaire (Banda Sawal): (1) If the Court Martial believes
that the summoning of a particular witness may cause delays, does not seen
cost effective, or causes difficulties unnecessarily, it may issue an order to
the Prad Viwak allowing him/her to ask sealed questions (Banda Sawal).


(2) After receiving an order as referred to in Sub-section (1) the
Prad Viwak may request to the Chief District Officer to serve th sealed
questions to the witness within his/her jurisdiction, and upon receiving such
request, the Chief District Officer shall cause to serve the sealed questions
in accordance with the prevailing law.
(3) The Court Martial shall include questions which an accused or
his/her legal counsel intends to raise and which are relevant to the case in
the sealed questionnaire.
(4) The legal counsel or attorney (Wares) and the accused
him/herself, if he/she is not into the custody may cross-examine a witness
being present before the Chief District Officer.
(5) After completion of recording of the statement i accordance
with sealed questionnaire, the sealed questionnaire shall be forwarded to
the Prad Viwak.
(6) The Prad Viwak shall submit the sealed questionnaire received as
referred to in Sub-section (5) to the concerned Court Martial. In a case of
the dissolution of the Court Martial, it shall be forwarded to the other court
which is hearing such case. The Court Martial or other court shall include
the sealed questionnaire so received into the file, and the accused or legal
practitioner shall be allowed to see the questionnaire.
(7) The Court Martial may postpone the trial of the case until the
period needed for dispatching the sealed questionnaire and obtaining the
response.
88. Presumption of signature: The signature signed in the course of the
proceeding of a case or on any application, certifica e, arrest warrant,
response or any document by an officer of any rank of the Government of


Nepal, shall be presumed to have been signed by him/herself, unless it is
otherwise proved.
89. Documents admissible as an evidence: The information contained in
the following documents shall be admissible as an evidence in a case
adjudicated by the Court Martial:
(a) The information contained in the Sheet Role form by the concerned
person in the course of appointment,
(b) Original copy of the Sheet Role form or its certified (attested)
photocopy indicating "copy is same as original" and signed by the
officer responsible for it,
(c) Any letter, response or details of any document signed by the Chief
of Army staff or an officer prescribed by him regarding the service,
removal or termination of service from the Nepal Army,
(d) Status and rank of Padik or any other Darjani Chhina registered in
the Register of Nepal Army or Army order or published in Nepal
Gazette and Army order registered in the Register regarding
someone's appointment or mater published in the Nepal Gazette,
(e) Information contained in the regimental book signed by the
commanding officer or an officer responsible for keeping records,
(f) Information contained in a copy which is attested as "copy is same
as original" and signed by the officer responsible for regimental
book,
(g) In case a person to whom this Act is applicable and who is under
trial on an offence as referred to in Section 42 and 58, and has
surrendered him/herself before any officer or any person to whom
this Act is applicable or any camp (organ) of the Nepal Army, or in
case such person has been arrested by any officer or any person to


whom this Act is applicable; a certificate signed by such officer,
such person or the commanding officer of such camp indicating the
place and date of surrender or arrest and his/her dress-up,
(h) In case a person to whom this Act is applicable and who is under
trial on the offence as referred to in Section 42 or 58 has surrendered
him/herself during his/her trial before any police officer, in-charge
of a police office or in case such person has been arrested by such
police officer, information contained in a letter certified and signed
by such police officer indicating the place and date of surrender or
arrest and his/her dress-up,
(i) Information contained in the report received from a forensic scientist
or forensic laboratory prepared upon request for examination or
investigation.
90. Requesting information from governmental authorities: (1) If an
accused charged with an offence as referred to in Sections 42 and 58
requests to inquire with an officer of the Governmet of Nepal regarding
the offence or the Court Martial itself finds it appropriate to inquire with
such an officer, the Court Martial may request to the officer for such
information and adjourn (keep in pending) the case till the response is
received.
(2) The information recorded as referred to in Sub-section (1) shall
be recognized as good as the statement recorded before the Court Martial.
(3) In case the Court Martial is dissolved before receiving the
information as referred to in Sub-section (2) or the Court Martial fails to
observe the procedures in accordance with this Section, the officer
convening the Court Martial may cancel the trial and issue an order to carry
out a re-trial.


91. Previous penalty and character as an evidence: (1) In the course of
making a decision regarding a person charged with an offence as referred to
in Chapter-6, the Court Martial may collect information on whether such
person was previously convicted or not, or whether he/she was subjected to
any departmental action or not, and may admit it in he decision as an
evidence. For this purpose the Court Martial may take into note of his/her
character and previous activities.
(2) A copy may be made of the oral statement recorded pursuant to
Sub-section (1) or the information contained in a regimental book or any
governmental book, and it shall not be necessary to give prior notice to the
accused that the previous conviction or character of accused or his/her
previous activities shall be admitted as an evidence.
(3) The Summary Court Martial, if deems reasonable, may keep
records of information, without attestation, of the d cision if any decision
has been made in regards to such person, his character or previous
activities.
92. Provisions of Evidence Act, 2031 (1974) to be applicable: The Court
Martial, while examining evidence in the course of the trial of an offence
pursuant to this Act, shall apply the procedures provided by this Act, and in
other matters the procedures provided by the Evidence Act, 2031 (1974)
shall be applicable.
93. Defence of mentally abnormal accused: (1) If it is found that a person
is unable to defend him/herself due to mental insanity during trial by the
Court Martial or he/she committed the alleged act under the circumstances
during which he/she was unable to understand the nature of the act and that
such act was unreasonable and illegal, the Court Matial shall prepare a
memorandum in this regard.


(2) The Chairperson of the Court Martial or investiga ng officer of
the Summary Court Martial shall submit immediately the memorandum
prepared pursuant to Sub-section (1) before the approving authority or an
official as referred to in Sub-section (3) of Section 115.
(3) In case the approving authority does not approve the verdict of
the memorandum received pursuant to Sub-section (2), necessary action
may be taken to try the case in the same or another Cou t Martial.
(4) If the approving authority approves the details of the
memorandum submitted by the Summary Court Martial pursuant to Sub-
section (2), the approving authority shall issue an order to hold the accused
in the custody and shall submit it to the Government of Nepal, Ministry of
Defence, for approval.
(5) After receiving the report pursuant to Sub-section (4), the
Government of Nepal, Ministry of Defence shall issue an order to hold such
person in a mental hospital or in custody in any appro riate safe place.
94. Trial of a mentally abnormal accused: (1) The Chief of the Army,
Army Corps, Divisional Headquarters, or the Brigade or any officer on
his/her behalf may issue an order to proceed with a case in the same or any
other Court Martial on the ground of the report of a doctor stating that the
person detained pursuant to Section 92 is able to defen him/herself; or on
the ground of a certificate issued by the chief of a mental hospital or prison
stating that the such person is able to defend him/herself in a case where the
person has been detained in mental hospital or prison. If the charge has
been made for an offence under any other prevailing laws except the
offence pursuant to this Act, an order may be issued to cause to try the case
in other court.


(2) The order issued pursuant to Sub-section (1) shall be forwarded
to the Ministry of Defence for its information.
95. A mentally abnormal accused may be released: The Ministry of
Defence may release a person who has been held in dete tion pursuant to
Section 93 or held in custody or sent to a mental hospital in case if he/she
was not already held in a mental hospital based on the report of the Doctor
in respect to a person who was held in detention, or if the chief of the
mental hospital or prison recommends his release or a certificate stating
that the person might not be harmful to him/herself or anyone else after
release.
96. A mentally abnormal accused may be handed over to the
successor or guardian: If a successor or guardian of a person held in
custody pursuant to Section 93 lodges an application requesting that if
he/she be handed over to them for his/her caretaking or responsibility, and
if the Ministry of Defence is satisfied that the such a person shall be taken
care of, and that he/she will not harm him/herself or others and shall be
produced to the prescribed officer on the prescribed date and at the
prescribed time, the Ministry of Defence shall hand him/her over to his/her
successor or guardian.
97. Auction and management of materials relevant to an offence: (1)
The Court Martial shall protect the materials relevant to an offence which is
produced to it in the course of a trial of the case.
(2) In case a materials kept for protection pursuant to Sub-section (1)
may be decayed or damaged, the Court Martial may issue an order to
auction such materials and to deposit such an amount in the governmental
account (state treasury).


(3) After completion of the proceeding by a Court Martial, the
authority having power to approve a verdict and penalty of such Court
Martial or an officer senior to such officer or if a decision of a Court
Martial does not need approval for imposing penalty, the Chief of the
Army, Corps (Chamu), Divisional Headquarters (Pritana) or Brigade
(Bahini) may issue an appropriate order to confiscate, destroy or to return
such materials to the person who claims it as a successor or to sell any
goods, or documents related to an offence that are rec ived in the court in
the course of the trial in a case.
(4) The official issuing an order pursuant to Sub-section (1) shall
send a copy of such order to the Chief District Officer of the area where the
materials are being located if the case was not tried with in the territory of
Nepal, and the Chief District Officer shall also cause to perform the acts in
accordance with the order.
Explanation: For the purpose of this Section the term "materials"
shall include not only the materials held in primary possession or
ownership but also materials which have changed their form immediately
or after some time and goods obtained through exchange or income made
from the sale.
98. Recognitions of the actions of Court Martial: The proceeding
conducted by a Court Martial pursuant to this Act shall be recognized as the
proceeding of a court.
99. Postponement and dissolution of Court Martial: (1) A Court Martial
shall be postponed in the following circumstances:
(a) If, after the beginning of trial, the number of
Chairperson and members determined pursuant to
Section 67 decreases,


(b) If, during the trial, it is impossible to contiue the trial
because the representative of the Prad Viwak or the
accused fall sick.
(2) The authority convening the Court Martial may dissolve the
Court Martial if it is deemed impossible or unreasonable to continue the
Court Martial in view of military necessity or discpline.
(3) If the Court Martial which was postponed pursuant to Sub-
section (1) returns to the original position it may be continued.
(4) The Court Martial dissolved for the reasons as referred to in Sub-
section (2) may be reconvened and the trial may be continued.
(5) After the completion of all the activities related to decision, the
Court Martial shall ipso facto be dissolved.
100. Forwarding files: (1) After completion of the trial, proceeding and
hearing of the case by a Court Martial except the Summary Court Martial,
the file with the decision shall be forwarded to the Judge Advocate General
Department (Prad Viwak) and the Judge Advocate General Department
(Prad Viwak) shall examine the file as required and shall forward it to the
authority as referred to in Section 108, 109 and 110 for the approval of the
decision or opinion.
(2) After completion of the trial, proceeding and hearing, the file
along with the decision shall be forwarded to the Judge Advocate General
Department (Prad Viwak), and the Judge Advocate General Department
(Prad Viwak) shall make examinations.
(3) In a case of a departmental action pursuant to Section 105, the
penalty ordering authority shall forward the attested copy of the file to the
authority as referred to in Section 118.


Chapter-11
Penalties
101. Penalties which may be imposed by Court Martial: (1) The Court
Martial may impose the following Penalties:
(a) Life imprisonment along with confiscation of entire
property,
(b) Confiscation of his or her entire share of ancestral
property,
(c) Imprisonment of upto Fourteen years,
(d) Removing from service without prejudicing eligibility
for any governmental service in the future, or
dismissing with ineligibility for any governmental
service in the future,
(e) Demotion to a lower rank,
(f) Freezing of promotion for Five years,
(g) Deduction of salary and allowances for Three months
in case the offence has been committed in the course
of military action,
(h) Freezing of salary and allowances until the recovery of
compensation,
(i) Freezing of salary increments for a period not
exceeding Two years,
(j) Warning (Nasihat).
(2) The following penalties shall be imposed for the following
offences:


(a) Life imprisonment along with confiscation of entire
property for the commission of offences as referred to
in Section 38, 39 or Clause (a) of Sub-section (1) of
Section 42.
(b) A maximum Fourteen years of imprisonment shall be
imposed for the commission of the following offences:
(1) Offences provided in Section 40,
(2) Offences provided in Section 41 and Clause (a)
of Section 45 during a military operations,
(3) Offences provided in Section 43 or 46 if
committed intentionally,
(4) Offences provided in Clause (a) or (b) of
Section 44 committed against a person while
discharging his/her duties during a military
operation,
(5) Offences provided in Section 47.
(c) A maximum Ten years of imprisonment shall be
imposed for the commission of the following offences:
(1) Offences provided in Clauses (a) or (b) of
Section 44 committed against a person not
during the military operation,
(2) Offences provided in Section 48, 49 or 50,
(3) Offences provided in Clause (a) of Section 51
or Clause (a) of Section 52.
(d) The penalty of confiscation of entire property or
maximum of Seven years of imprisonment shall be


imposed for the commission of offences provided in
Clause (b) of Sub-section (1) of Section 42.
(e) A maximum of Seven years of imprisonment shall be
imposed for the commission of the following offences:
(1) Offences provided in Section 41 committed not
during military operation,
(2) Offences provided in Section 46 that are
committed unintentionally,
(3) Offences provided in Clauses (b), (c), (d), (e),
(f) or (g) of Section 52,
(4) Offences provided in Section 43, 54 or 63.
(f) A maximum of Five years of imprisonment shall be
imposed for the commission of the following offences:
(1) Offences provided in Clause (c) of Section 44,
(2) Offences provided in Clause (a) of Section 45
committed not during the period of a military
operation,
(3) Offences provided in Clauses (b) or (c) of
Section 51 or Sections 45, 56 or 57.
(g) A maximum Three years of imprisonment shall be
imposed for the commission of offences provided in
Clauses (c) or (d) of Sub-section (1) of Section 42 or
Sections 58, 59 or 60.
(h) A maximum of Two years of imprisonment shall be
imposed for the commission of the following offences:


(1) Offences provided in Clauses (e), (f), (g) or (h)
of Sub-section (1) of Section 42,
(2) Offences provided in Clause (b) of Section 45,
(3) Offences provided in Clause (h) of Section 52
committed by personnel below the rank of
officer while discharging duties during a
military operation,
(4) Offences provided in Section 43 that are
committed unintentionally,
(5) Offences provided in Section 61.
(i) A maximum of Six months imprisonment shall be
imposed if a personnel below the rank of officer
commits offences provided in Clause (h) of Section 52
except in the period of military operation or while on
duty.
(j) A person who commits offences provided in Clauses
(i) and (j) of Section 52 shall be removed from the
service.
(k) A person who commits offences provided in Clause
(k) of Section 62 shall be barred from Two salary
increments or promotion for Two years.
(l) A person who attempts to commit such offences as
referred to in Chapter-7 or induces another person to
commit such offences shall, unless there is specific
provision in this Act, be imposed the following
penalties:


(1) A maximum of Fourteen years of imprisonment
for attempting to commit an offence for which a
penalty of life imprisonment along with
confiscation of entire property may be imposed,
and half of the maximum (range) imprisonment
for other offences which have been attempted,
(2) Equal penalty for inducement (incitement) to
commit an offence as imposed for committing
an offence,
(3) A maximum of Fourteen years of imprisonment
for inducement to commit an offence which has
not been committed (completed), and half of the
maximum (range) punishment for inducement
to commit any other offence which had not
actually been committed (completed).
(3) If a person who committed an offence provided in Clause (b) of
Sub-section (1) of Section 42 has absconded and is ot found (traced) or
does not produce him/herself within Thirty Five days, his/her partition
share to ancestral property shall be frozen from being transacted. If such
person does not appear him/herself or could be found through making a
search within Three years, his/her partition share to ancestral property shall
be confiscated and auctioned, and the money therefrom shall be deposited
to the Government Treasury.
(4) After confiscation of partition share to ancestral property, if the
offender is found, he/she may be imposed life imprisonment along with
confiscation of the entire property.


(5) A person who is dismissed from service and disqualified for any
governmental job in future pursuant to Clause (j) of Sub-section (2), shall
not be paid his/her remaining salary or allowances and pension which
he/she is entitled and other facilities except the money accumulated in
his/her provident fund.
102. Addition or reduction of penalty: (1) If a Court Martial convicts an
accused of an offence as referred to in Chapter-7, the Court Martial,
depending on the degree of penalty or offence mentioned in Sub-section (2)
of Section 101, may sentence a lesser penalty amongst the penalties
mentioned in Sub-section (1).
(2) If a Court Martial imposes a penalty of removing from service
without prejudicing eligibility for any governmental service in the future, or
dismisses with ineligibility for any governmental service in the future
pursuant to Clause (d) of Sub-section (1) of Section 102, the Court Martial
may impose one or more additional penalty as referrd to in Clauses (e), (f),
(g), (h), (i) or (k) of the same Sub-section.
(3) Before imposing a penalty as referred to in Clauses (a), (b) or (c)
of Sub-section (1) of Section 101 to a person of an officer rank, he or she
shall be imposed the penalty as referred to in Clause (d) of the same
Section.
103. A person accused of an offence may be convicted of other
offences: (1) A person who has been accused of the following offences
may be convicted and punished for the following offence by a Court
Martial:
(a) A person accused of deserting may be convicted for
attempted desertion or absence,


(b) A person accused of attempted desertion may be
convicted for absence,
(c) A person accused of using criminal force may be
convicted for the offence of attacking,
(d) A person accused of using threats may be convicted
for the offence of using disrespectful language,
(e) A person who is accused of an offence provided in
Clause (a) or (b) of Section 49 may be convicted for
the offence provided in Clause (c) of the same Section.
(2) If a person is an accused of serious offence which cannot be
proved, a Court Martial may convict him/her for a lesser degree offence and
punish him/her accordingly.
(3) If a person is accused of an offence provided by this Act, he/she
may be convicted and punished for attempting or inducing to commit the
same offence even if he/she has not been accused of attempting or inducing
to commit such offence.
104. Battlefield penalty: (1) If a person commits an offence provided in Sub-
section (2) of Section 63, he or she may be imposed a penalty of detention
or fatigue except causing any harm to the body.
(2) If a Sergeant (Hudda), Corporal (Amaldar) or Lance Corporal
(Pyuth) is imposed a battlefield penalty, he or she shall be deemed to have
been demoted to Sipahi.
105. Departmental action: (1) Notwithstanding anything contained in
Chapter-8 and this Act, if the person of the following rank who falls under
the jurisdiction of this Act commits an offence under this Act, one may,
without convening a Court Martial, be subjected, taking into consideration


the gravity of the offence, to the following departmental action by the
following officer:
(a) The commanding officer or the commander of the
similar rank or other officer assigned by the Chief of
Army Staff upon approval from the Government of
Nepal may order one or more than one departmental
actions mentioned below against a person who is other
than the rank of Officer or Junior Commissioned
Officer:
(1) To hold in military custody upto Thirty days,
(2) To detain upto Thirty days,
(3) To detain in a line upto Thirty days,
(4) To place in additional guard duty or duties,
(5) To remove the duties being performed by
him/her or removing from the acting posts in
which he/she is serving,
(6) Freezing or reduction in the salary or
allowances which were awarded for good
service, conduct or qualifications,
(7) Subjecting to warning,
(8) Subjecting to fine upto an equivalent of
Fourteen days payment in a month,
(9) Freezing of salary or allowances upto the
recovery of a loss (compensation),
(10) Subjecting to Thirty days' battlefield penalty
during a military operation,


(11) Subjecting to battlefield penalties.
(b) The Chief of Division (Pritanapti) or the Brigadier
(Bahinipati) or any other Pati of the same rank or any
other officer assigned by the Chief of Army Staff upon
approval from the Government of Nepal may order
one or more than one departmental actions mentioned
hereunder against an officer who is below the rank of
Senani or Junior Commissioned Officer (Padik):
(1) Subjecting to ultimatum (Nasihat),
(2) Subjecting to warning (Chetawani),
(3) Freezing of salary upto the recovery of loses,
(4) Freezing of promotion upto One year,
(5) Removal of seniority upto One year.
(c) A Major General (Uparathi) or an officer of the
similar rank or any other officer assigned by the Chief
of Army Staff upon approval by the Government of
Nepal may order one or more departmental actions
mentioned below against a person of the rank of
Lieutenant Colonel (Pramukh Senani) and officer
below to this rank or Non-Commissioned Officers
(Padik):
(1) Subjecting to ultimatum (Nasihat),
(2) Subjecting to warning (Chetawani),
(3) Freezing of salary upto the recover of the
losses,
(4) Freezing of promotion upto One year,


(5) Removing (deducting) of seniority upto One
year.
(d) The officer assigned by the Chief of Army Staff or the
commanding officer upon approval by the Government
of Nepal may try an army personnel of the rank of
non-commissioned officer (Padik) who is accused of
an offence under this Act, and he/she may freeze the
salary or allowances until the recovery of loss if he/she
is convicted.
(2) Prior to the order of departmental action as refer d to in Sub-
section (1), the concerned accused shall not be deni from the right to file
an application for a trial by the Court Martial if he/she so desires.
106. Limit on departmental action: (1) While ordering a penalty provided in
Clause (a) of Sub-section (1) of Section 105, the battlefield penalty
provided in Sub-clauses (1), (2) and (3) shall not be added to it.
(2) Amongst the penalties provided in Sub-clauses (1), (2), (3) or (4)
of Clause (a) of Sub-section (1) of Section 105, if a person is imposed
more than one penalty, the penalties provided in Sub-clauses (3) or (4) shall
be added only after the completion of penalties provided in Sub-clauses (1)
or (2).
(3) If more than one penalty provided in Sub-clauses (1), (2) or (3)
of Clause (a) of Sub-section (1) of Section 105 is ordered, the total period
of penalties shall not exceed Forty Five days.
(4) Personnel who are below the rank of non-commissioned officer
(Billadar) shall not be imposed the penalty provided in Sub-clause (7) of
Clause (a) of Sub-section (1) of Section 105.


107. Collective fine: (1) If any equipment, arms or ammunition, bullets, parts
of arms of any company (Gulm) squadron, battery or other such units are
lost or stolen, the Chief of Army Staff or Chief orthe Corps (Chamu),
Division (Pritana) or Brigade (Bahini), upon receiving the report of the
Court of Inquiry, may impose a collective penalty on all non-commissioned
officers (Padik), Sergeants (Hudda), Corporals (Amaldar), Lance Sergeants
(Pyuth) of such unit or the persons whom he/she decides responsible
thereto.
(2) Such a fine shall be reimbursed proportionately, from the salary
of personnel who are so fined.
Chapter-12
Approval of Case and Rehearing (Revision)
108. Approval of the decision of penalty of General Court Martial: The
decision or penalty issued by the General Court Martial shall be approved
by the Government of Nepal or the officer authorized by Government of
Nepal.
109. Approval of the decision or penalty of Summary General Court
Martial: The decision or penalty issued by the Summary General Court
Martial shall be approved by the person who convened th Court Martial or
the senior officer if he/she (who convened the Summary General Court
Martial) ordered to submit the decision or penalty to the senior level.
110. Approval of the decision of the District Court Martial: The decision
or penalty issued by the District Court Martial shall be approved by the
officer who is empowered to convene the General Court Martial or an
officer authorized by him/her.


111. Procedures applicable in the approval of a case: For the purpose of
approval of a case pursuant to Sections 108, 109 and 110, the Court Martial
which decided the case shall prepare, within Seven days from the date of
the decision, the full text of decision along with clear grounds and reasons
thereof, and shall forward the concerned file for approval within Thirty
days. The agency (Nikaya) or authority who has an authority for approval
shall finalize his/her actions on the files so received within Thirty days
from the date of receipt.
112. Conditions may be laid down: While authorizing pursuant to Sections
108 and 110, the authorizing officer may lay down co ditions.
113. Reduction of penalty: The officer who is authorized to approve the
penalty imposed by the Court Martial may, subject to the conditions laid
down pursuant to Section 112, reduce the penalty imposed by the Court
Martial or approve a lesser penalty amongst the penalti s prescribed in
Section 101.
114. Rehearing (Revision) of decision or penalty: (1) The endorsing
(approving) officer may give an order to rehear the penalties imposed by
the Court Martial.
(2) If an order is issued pursuant to Sub-section (1), the Court
Martial may examine additional evidence and proceed with and adjudicate
the case.
(3) If it is necessary to rehear a case, it shall be reheard by the same
officers who issued the previous decision unless they are unable to be
present for inevitable reasons.
(4) If the officer who issued the original decision could not be
present, a memorandum indicating the reasons thereto shall be attached to


the file and the members equal to the number who fail to be present shall be
added, and the case shall be proceeded.
115. Decision or penalty of Summary Court Martial: (1) The decision or
penalty of the Summary Court Martial shall not be approved and it shall be
executed immediately.
(2) Notwithstanding anything contained in Sub-section (1), if the
case is proceeded by an officer who has served less than Five years, the
penalty shall not be executed, except during a military operation, unless
approved by the Brigadier (Bahinipati) or officer senior to the Brigadier is
received.
(3) The decision made or penalty imposed by the Summary Court
Martial shall be submitted to the head of Brigade (Bahinipati) or Division
(Pritanapti) or the officer authorized by the Chief of the Army Staff, and
such officer shall examine the reality of the case nd may nullify or reduce
the conviction or penalty.
116. Alteration of decision or penalties: (1) If a penalty of a Court Martial
which is approved or a decision or penalty which does not require approval,
is not supported by evidence or cannot be recognized for any reason, and
the officer who is empowered to reduce penalty pursuant to Section 113
issues a new decision or penalty, the same penalty shall be executed.
Provided that, no new decision or penalty shall be issued or imposed
except in the case if the Court Martial questions the jurisdiction in respect
to such decision or penalty, or the Court Martial is not satisfied with
reasons given in such decision or penalty.
(2) Except if a new decision or penalty is issued pursuant to Sub-
section (1), if the penalty issued by the Court Martial which is approved or
does not require any approval is not recognized for any reason, the officer


prescribed in Sub-section (1) may, subject to the provisions referred to in
the same Sub-section, issue a new penalty as he/she deems reasonable.
(3) The penalty which is imposed pursuant to Sub-sections (1) or (2)
shall not exceed the penalty imposed by the Court Ma tial.
(4) The alteration or imposition of a penalty pursuant to this Section
shall take effect as if imposed by a Court Martial.
117. Non-recognition of decision or approval: The decision or penalty
issued by the Court Martial except by the Summary Court Martial shall not
be recognized unless it is approved.
118. Reviewing order of departmental action: If the order of departmental
action is deemed illegal or unjust or excessive, th following officers may
review such order and nullify or alter or reduce such penalties.
(a) Any senior commanding officer in respect to thepenalties ordered
by the commanding officer,
(b) The Government of Nepal, Chief of Army Staff or ther officer as
assigned by the Chief of Army Staff in the case of a penalty imposed
by any other officer.
119. Appeal against the decision or order of Court Martial: (1) There
shall be an Army Special Court Martial which shall hear appeal against a
decision or final order rendered by a General Court Martial and Summary
General Court Martial pursuant to Clause (a) of Section 68.
(a) Judge of an Appellate Court
nominated by Government of Nepal
on the recommendation of the
Judicial Council Chairperson
(b) Secretary of Ministry of Defence Member


(c) Chief of Prad Viwak Member
(2) The party aggrieved by the decision or final order rendered by a
General Court Martial and Summary General Court Martial pursuant to
Clause (a) of Section 68 may file an appeal before the Special Court Martial
as referred to in Sub-section (1) within Thirty Five days of the date of such
decision or final order.
(3) The Court established pursuant to Sub-section (1) shall have an
original jurisdiction to proceed with and adjudicate the case as referred to in
Section 62.
(4) An appeal may be filed before the Supreme Court against a
decision made pursuant to Sub-section (3) within Thirty Five days of the
decision.
(5) The procedures applicable to the original jurisdiction and
appellate jurisdiction shall be as prescribed.
(6) The party aggrieved by a decision or final order of the Court
Martial regarding offences as referred to in Clauses (b) and (c) of Section
68 may file an appeal before the Chief of Army Staff hrough the Judge
Advocate General Department (Prad Viwak) within Thirty Five days of the
date of decision or final order.
(7) There shall be an Appeal Hearing Committee which shall
proceed with and adjudicate the cases filed pursuant to Sub-section (6):
(a) Brigadier General (Sahayk Rathi)
nominated by the Chief of Army
Staff Chairperson
(b) Colonel (Mahasenani) nominated
by the Chief of Army Staff Member


(c) Representative of Prad Viwak
who was not involved in the Court
Martial of the concerned case Member
(8) The procedures applicable during the proceedings and
adjudication of an appeal to the Committee as referr d to in Sub-section (7)
shall be as prescribed.
Chapter-13
Execution of Penalties
120. Calculation of the period of imprisonment: (1) The term of
imprisonment imposed on a person by a Court Martial pursuant to this Act
shall be counted from the date he/she is taken into custody irrespective of
whether such penalty has been reheard or not, and from the date when the
Chairperson signs the penalty in a case of the original proceeding of the
case and an officer of Court Martial signs the penalty in a case of the
Summary Court Martial.
(2) If a person convicted by a Court Martial for an offence during a
military operation is imposed an imprisonment rather a dismissal from the
service, and such person could not be sent to the prison for any reason, the
prescribed officer may give an instruction assignin him/her to carry out
the responsibilities for his/her post.
(3) The period of service performed pursuant to Sub-section (2) shall
be counted in the period of imprisonment.
121. Executing the penalty of imprisonment: (1) An officer having
authority to approve the penalty imposed on a person convicted by a Court
Martial shall issue an order to send him/her in prison to serve the term of


imprisonment or an officer of Court Martial shall issue such order in
relation to a person who is convicted by a Summary Court Martial.
(2) Upon receiving an order pursuant to Sub-section (1), the
commanding officer of the person subjected to penalty or any other
prescribed authority shall send him/her to prison along with a detention
letter.
(3) When transferring a prisoner from one place to another,
arrangements shall be made to prohibit escape, flee or commission of other
undesirable acts.
(4) If a new order is issued in relation to a prisoner replacing the
previous order, the officer who so orders shall issue a detention letter
accordingly to the concerned prison chief.
(5) Detention shall not be deemed illegal merely on the ground that
there is an error in the detention letter or any document thereto or it does
not match with the prescribed format or for any other reason in case a
person has been held in prison as per the decision imposing imprisonment
by the Court Martial.
(6) If an order is issued to hold the convicted person in prison to
serve the imprisonment, such a convict may be held in custody at any
appropriate place until he/she is sent to the prison.
(7) In case the penalty does not exceed the term of Three months, the
officer as referred to Sub-section (1) may issue an order to hold such person
in military custody until the completion of term of imprisonment.
(8) During a period of military operation, the term of imprisonment
may be served by holding him/her in custody as prescribed by the
commanding officer.


(9) No prisoner held in prison pursuant to this Actshall be subjected
to any corporal punishment during the period of impr sonment; and no
penalty of imprisonment shall be imposed on him/her which is not in
accordance with the prevailing law.
(10) If the commanding officer of the Army, Corps (Chamu),
Division (Pritana) or Brigade (Bahini) believes that it is not possible to
execute any penalty in military prison or military custody, he/she may issue
an order to hold the concerned person in any prison.
122. Period to be considered as prisoner of war: For the purpose of
Section 131, a person shall be deemed to have remain d s a prisoner of
war until investigations into his/her conduct pursuant to Section 129 are
completed and until the day of his/her dismissal from service in case he/she
is dismissed from service on the grounds of his/her conduct after the
completion of investigations.
123. Reduction in salaries and allowances: (1) For the purpose of
implementing an order of penalty, the salary and allow nce of an officer
shall be deducted as follows:
(a) The salary and allowance for the day of his/her
absence, except when satisfactory explanations are
given to the commanding officer and those
explanations are approved by the Government of
Nepal,
(b) The salary and allowances for the period held in
custody or on suspension from duty as per the order
issued by any Court Martial or other court or any
authority who has an authority to issue an order for
departmental action,


(c) The amount of the salary decided to be paid to any
person whose salary is illegally frozen or who is
refused to be paid,
(d) The amount required to reimburse the expenses
resulting from an order issued by a Court Martial or an
authority who has the power to issue an order for
departmental action,
(e) All such salaries and/or allowances subjected to
confiscations or freezing pursuant to an order issued
by a Court Martial or the Authority who has the power
to issue an order for departmental action of
confiscation or freezing,
(f) The amount required to pay the fine imposed by a
Court-martial or any other court pursuant to Section
66,
(g) The amount required to reimburse the property stolen
or causing any loss to the property of the Government
of Nepal or the Nepal Army which is proved by the
investigations conducted pursuant to the Rules which
were stolen or damaged due to negligence or mistake
of the officer,
(h) All such salaries and allowances forfeited through an
order of the Government of Nepal after the Court of
Inquiry formed by the Chief of Army Staff has held
that the concerned officer had cooperated with the
enemy, or served the enemy while in the custody of the
enemy or helped the enemy as per the orders of the


enemy or otherwise, or that he/she had been captured
by the enemy for being intentionally negligent while
on duty and held under the custody of the enemy, or
that he/she had failed to return to his/her side evn
when he/she could do so after being captured by the
enemy,
(i) The amount to be paid as per the order of the
Government of Nepal by the concerned officer for the
maintenance of one's wife and/or children, or the
amount being paid by the Government as maintenance
for such children.
(2) Subject to the provisions of Sub-section (1), the salary and
allowances of persons other than officers shall be deducted as follows:
(a) The salary and allowances payable for each day of
absence, desertion, detention as a prisoner of war or
while being held in custody by the Court Martial, other
courts or an authority who may order for a
departmental action or absence resulting from
battlefield penalty ordered by a Court Martial or an
authority who may order for a departmental action and
the salary and allowances payable for each day of
absence resulting from detention prior to imprisonme t
after being convicted of an offence by a Court Martial
or other court,
(b) The salary and allowances payable for the period of
detention or suspension from duty on the charge of
committing an offence for which the person concerned
is subsequently convicted by any Court Martial or


other court or an authority who has power to issue an
order for departmental action,
(c) The salary and allowances payable for each day of
hospitalization after falling ill for which the doctor
engaged in the treatment issues a certificate to the
effect that the person concerned has fallen ill because
of action taken by him/her which is deemed to be an
offence under this Act,
(d) The amount of salary and allowances payable for each
day of hospitalization as determined by the officer
prescribed or authorized by the Government of Nepal
after falling ill for which the doctor engaged in the
treatment issues a certificate to the effect that the
person concerned has fallen ill because of his/her
misconduct or negligence,
(e) All such salaries and allowances as ordered for
forfeiture or freezing by a Court Martial or an
authority who has power to issue an order for
departmental action,
(f) The salary and allowances payable for each day from
the date of dismissal from service in consideration of
the conduct of the person concerned to the date of
his/her release from the enemy, in case he/she is hld
as a prisoner of war or in custody by the enemy,
(g) The amount needed to compensate as determined by
his/her commanding officer for the loss or damage or


destruction or unnecessary expenses caused by him/her
to any building or asset of the Government of Nepal,
(h) The amount required to pay the fine imposed by a
Court Martial or other Court or any authority who
exercises power as referred to in Sections 66, 105 or
107.
(i) The amount to be paid as per the order of the
Government of Nepal by the concerned person for the
maintenance of his wife and the children, or the
amount being paid by the Government as maintenance
for such children.
124. Calculation of period of absence without leave or custody: For the
purpose of Clause (a) of Sub-section (2) of Section 114:
(a) No person shall be deemed to have been detained or r mained absent
except when he/she has been detained or has remained bsent
without leave for less than Six hours consecutively on a single day
or more than a single day.
(b) If a person remains absent without leave or is detain d for less than a
day and thereby fails to discharge his/her military duty, and in case
any other person is assigned to discharge such duty, s ch absence or
detention for less than a day shall be treated as absence or detention
for a day.
(c) If a person remains absent without leave or is detain d for Twelve or
more hours consecutively on any day, the period of such absence or
detention, irrespective of its duration, shall be taken as one days'
absence or detention.


(d) If a person remains absent or is detained from before midnight and
such absence or detention ends after midnight, the period of such
absence or detention shall be taken as one day's absence or
detention.
125. Salary and allowances during trial: If a person who falls under
jurisdiction of this Act is detained or suspended on any charge, the
prescribed authority may, for the purpose of implementing Clause (b) of
Sub-section (1) and Clause (b) of Sub-section (2) of Section 123, issue a
directive to freeze his/her salary and allowances as prescribed until the
disposal of the case.
126. Limits of reduction: Except when the concerned person has been
punished with dismissal, all the deductions to be made from his/her salary
and allowances according to the provisions contained i Clauses (d), (f),
(g), (h) of Sub-section (2) of Section 123 shall not exceed half of his/her
salary and allowances for any month.
127. Reduction from amounts other than provident fund and pension:
Any amount to be deducted from the salary and allowances of any person
pursuant to this Act may be deducted from any other amount payable to the
person, except the Army provident fund and pension, without prejudice to
any other procedure for collecting such deductions.
128. Reimbursement as if the governmental dues: The concerned Chief
District Officer may be requested to reimburse the fin imposed under the
proceeding of this Act. The Chief District Officer, if so requested, shall
reimburse it in accordance with prevailing laws as if it is a governmental
dues and shall forward it to the concerned department.
129. Salary and allowances of a person of war during the inquiry on
conduct: If a person who falls under the jurisdiction of this Act becomes a


prisoner of war or captured by the enemy, and in case it becomes necessary
under this Act or any other law to investigate his/her conduct during the
investigation, the Chief of Army Staff or any officer authorized by the
Chief of Army Staff, may issue an order to freeze his/her full or partial
salary and allowances until the result of the investigation is revealed.
130. Reductions may be exempted: Any deduction to be made from salaries
and allowances pursuant to this Act may be exempted upto the prescribed
limit in the manner as prescribed.
131. Arrangement for the dependants of prisoners of war from the
money so exempted:
(a) The salary and allowances of a person, to whom this Act is
applicable and who has been held as a prisoner of war, subjected to
forfeiture under Clause (h) of Sub-section (1) and Clause (a) of Sub-
section (2) of Section 122, if exempted as referred to in Section 130,
shall be used for the arrangement of rations and other essential goods
and materials for the dependents of such person. If such an
arrangement is made, the remaining balance out of the salary and
allowances shall be deemed to have been exempted.
(b) If a person who falls under the jurisdiction of this Act has been held
as a prisoner of war or is lost during a military operation, the
arrangements for rations and other goods and materials for the
dependents of such person shall be made out of his/her alary and
allowances.
132. Execution of penalties during the stay outside of Nepal: (1) If the
person who has been subjected to a penalty pursuant to this Act is staying
outside the territory of Nepal, the penalty may be ex cuted in the country


where he/she is staying or may be brought into Nepal where it shall be
executed.
(2) If a person working with the Nepal Army is subjected to removal
or has been removed from the service at the time he/she is staying outside
of Nepal, he/she may be brought into Nepal.
Chapter-14
Miscellaneous
133. Control and responsibility on arms, ammunition and military
equipment: (1) Subject to the provisions as prescribed by the Government
of Nepal, the responsibility to control arms, ammunitio s and other military
equipments shall be in the Chief of Army Staff.
(2) If it is necessary to purchase arms, ammunitions a d other
military equipments for the Nepal Army, the Chief of Army Staff shall
submit the details including justification thereof t the Ministry of Defence.
The details so received shall be submitted to the National Defense Council
to recommend for the policy decision to be made by the cabinet.
(3) The Chief of Army Staff may issue an order to pr vide such
arms, ammunitions and other military equipments under his/her
responsibility in accordance with prevailing laws and instructions issued by
the Government of Nepal to any unit of the Nepal Army upon taking
control and responsibility for them.
(4) The Chief of Army Staff may handover or rent out, with the
approval of the Government of Nepal, the arms, ammunitions and other
military equipments of the Nepal Army to the organs (Agencies) other than
a unit of the Nepal Army.


(5) The Chief of Army Staff shall submit updated details of arms,
ammunitions and other military equipments of the Nepal Army to the
Ministry of Defence in every Six months, and in addition to this, the Chief
of Army Staff shall have a duty to submit such update details as demanded
by the Ministry of Defence.
(6) The power to grant exemptions for arms and ammunitions used
in the works and trainings shall remain with the Chief of Army Staff,
except that the power to grant exemptions for arms and ammunitions used
for other purposes shall remain with the Ministry of Defence.
134. Salary and benefits to the Chief of Army Staff: (1) The monthly
salary of the Chief of Army Staff shall be as prescibed by the Government
of Nepal.
(2) The Government of Nepal shall deduct Ten percent amount from
the monthly salary of the Chief of Army Staff for the provident fund, and
shall add Hundred percent of the deducted sum and deposit to the provident
fund.
(3) The Government of Nepal shall arrange appropriate residence to
the Chief of Army Staff who has no appropriate resid nce in Kathmandu.
(4) The Government of Nepal shall arrange motor vehicl for the
Chief of Army Staff.
(5) After retirement from the service, the Chief of Army Staff shall
be entitled to pensions in accordance with prevailing Rules on pensions of
the Nepal Army.
(6) The family members of the joint family of the Chief of Army
Staff shall be entitled to a family pension as follows:


(a) In case the Chief of Army Staff dies during the tenur ,
the total sum of money (lump sum amount) as
determined by the Government of Nepal,
(b) If he/she dies within Nine years from the date of
getting pension as referred to in Sub-section (5), the
same amount for the period remaining to meet Nine
years.
(7) Notwithstanding anything contained in Sub-sections (5) and (6),
a pension or family pension shall not be granted for the period while
assuming the duties of Acting Chief of Army Staff.
(8) The Chief of Army staff shall be granted, along with full salary,
the following leaves every year:
(a) Casual leave of Twenty days,
(b) Home leave of Forty Five days,
(c) Sick leave of Fifteen days.
(9) Casual leave which is not used within the same year shall not be
accumulated for the next year. Home leave shall be accumulated for a
period of maximum of Forty Five days and sick leave shall be accumulated
for the whole period of the service. The Chief of Army Staff, when retiring,
shall receive cash for the period of accumulated home leave and sick leave.
(10) The Chief of Army Staff may grant casual leave him/herself,
and home leave and sick leave shall be approved by the Defence Minister.
(11) The Government of Nepal may call the Chief of Army Staff to
work before the expiry of the leave period.
135. Declaration of engaged in military operation: The Government of
Nepal may declare any person or force under the jurisdiction of this Act as


engaged in military operations wherever they may have been working, or
regardless they might have been working under any other Acts.
136. Military prison: The Government of Nepal may prescribe any building,
or any portion of a building, which contains humanely physical facilities as
a Military prison for the purpose of imprisoning the person to whom the
penalty of imprisonment has been rendered by a Court Martial.
137. Applicability of this Act to any other force: (1) The Government of
Nepal may establish a separate force for a specific purpose upon publishing
a Notification in the Nepal Gazette.
(2) The Government of Nepal, in the Notification published pursuant
to Sub-section (1), may issue an order applying any or all Section of this
Act either altering or not altering (mutatis mutandis), or postponing any
Sections for some period and may also prescribe necssary conditions in
the same order.
(3) The provisions of Sub-sections (2) may be applicable in respect
to the persons as referred to in Clause (b) of Sub-section (1) of Section 3.
(4) The Government of Nepal may deploy army personnel of
different ranks working with the Nepal Army to the force established
pursuant to Sub-section (1).
138. Officer who exercises powers in a special circumstance: (1) The
Government of Nepal may appoint an officer of any Army, Corps, Division
and Brigade exercising the power of commanding officer to exercise power
over persons to whom this Act is applicable and whose number is bigger
than a number of army normally contained in any unit.
(2) While appointing a person as referred to in Sub-section (1) all
limitations, exception and conditions the government may assign all the
powers or any of the powers or may keep under this Act.


139. Classification and inclusion: (1) The Government of Nepal may classify
any person or force of persons as referred to in Section 3 and to whom this
Act is applicable into classes of officers, junior commissioned officers
(Padik) or non commissioned officers (Billadar) or include person into one
of such classes and cancel the classification.
(2) A person who is not classified into any of the classes of officer,
junior commissioned officers (Padik) or non commissioned officers
(Billadar) as referred to in Sub-section (1) he/she shall be deemed to be
below the rank of non-commissioned officer.
140. Commission of Inquiry may be formed: (1) The Government of Nepal
may form a Commission of Inquiry in accordance with the Commission of
Inquiry Act, 2026 (1994) to inquire into a matter of public importance in
which a person to whom this Act is applicable is engaged, and submit the
report thereof.
(2) The functions, duties, powers and other arrangements of a
Commission of Inquiry formed pursuant to Sub-section (2) shall be as
provided by the same Act.
141. Delegation of Authority: (1) The Government of Nepal may delegate the
power conferred on it in accordance with this Act and Rules framed under
this Act to the Chief of Army Staff and subordinate agency or official or
any governmental agency or official.
(2) The Government of Nepal may, in extra-ordinary situations,
delegate/handover, powers conferred on it or any agency or official in
accordance with prevailing laws to the Chief of Army Staff and subordinate
unit to him as required.


(3) The power delegated pursuant to Sub-sections (1) and (2) shall
not be barred from being resumed, even during the period of delegation, by
the Government of Nepal, concerned agency or official by him/herself.
(4) The Chief of Army Staff may delegate the power conferred on
him/her pursuant to this Act and prevailing laws to the subordinate agency
or official under his/her own responsibility.
142. Instruction may be issued: (1) The Government of Nepal may issue
necessary instructions to the Chief of Army Staff to pursue the objectives of
this Act as required.
(2) It shall be the duty of the Chief of Army Staff to implement the
instructions issued by the Government of Nepal as refer ed to in Sub-
section (1).
143. Powers to frame Rules: (1) The Government of Nepal may frame
necessary Rules to meet the objectives of this Act.
(2) Without prejudice to the generality of the powers conferred by
Sub-section (1), such Rules may provide for any of the following matters in
relation to the Nepal Army:
(a) Regarding the appointment, leave, promotion,
demotion, retirement, dismissal and other conditions f
service,
(b) Regarding immunities and privileges,
(c) Regarding the operation of the Welfare Fund,
(d) Regarding the investigation, inquiry, custody of an
accused and filing of a case,
(e) Regarding the formation, dissolution, postponement,
continuance, jurisdiction, procedures, approval and


rehearing (revision) of cases, execution of decision or
penalties,
(f) Regarding the determination on the type of battlefie d
penalty,
(g) Regarding the formation and procedure of the Court
of Inquiry, the method of taking an oath, and recording
evidence,
(h) Regarding the arrangement of assistance to the
dependants and its implementation,
(i) Regarding the write off of the useless and unused
goods,
(j) Regarding the arrangement of the salary, allowances
and other amounts of a person who deserts,
(k) Regarding the administration, supervision, and
management of the Army prison and conditions of
service of prison officer,
(l) Regarding security, discipline, special service, work,
penalty for offences and exemptions of penalties for
prisoners,
(m) Regarding keeping, using, handling and write off of
the arms and ammunitions and other military
equipments,
(n) Regarding write off of the money spend in
intelligence, money used from the revolving fund,
money used from contingency (Bhaipari) fund,
(o) Regarding entertainment subsidies,


(p) Regarding actions against a person who deserts,
(q) Regarding arrangement of military hospitals,
(r) Regarding military donations and prizes,
(s) Regarding appointment in the Prad Viwak,
(t) Regarding air transportation and maintenance of
aeroplanes,
(u) Regarding women engaged as parachute folder,
(v) Regarding defence financial procedure and daily travel
allowances,
(w) Regarding gratuity (Upadan), pensions and other
benefits,
(x) Regarding short term services,
(y) Regarding military nurses,
(z) Regarding the accounts group,
(aa) Regarding Military Police,
(bb) Regarding Army technicians,
(cc) Regarding appointment of former Army personnel.
144. Repeal and saving: (1) The following Acts are, hereby, repealed:
(a) Army (Delegation of Authority) Act, 2015.
(b) Army Act, 2016.
(c) Functions, duties, powers and conditions of service of
the Chief of Army Staff Act, 2016.
(2) Persons of all ranks working with the Nepal Army at the time of
commencement of this Act shall be deemed to have been r mained in their


respective post and rank of the Nepal Army, and they shall remain in office
until the period prescribed by the prevailing law related to the Army.
(3) The acts done and activities performed pursuant to the Acts as
referred to in Sub-section (1), shall be deemed to have been done or
performed in accordance with this Act.
145. Modifications: The following words in the prevailing laws are modified
as following:
(a) "Nepal Army" instead of Royal Nepal Army.
(b) "Nepal Army" instead of "Armed Force of His Majesty".


Schedule-1
(Relating to Sub-section (4) of Section 7)
Posts in the Nepal Army

(a) Chief of Army Staff (Maharathi)
(b) Lieutenant General (Rathi)
(c) Major General (Uparathi)
(d) Brigadier General (Sahayak Rathi)
(e) Colonel (Mahasenani)
(f) Lieutenant Colonel (Pramukh Senani)
(g) Major (Senani)
(h) Captain (Sahasenani)
(i) Lieutenant (Upasenani)
(j) Second Lieutenant (Sahayak Senani)
(k) Chief Warrent Officer (Subedar Major)
(l) Warrent Officer One (Subedar)
(m) Warrent Officer Two (Jamdar)
(n) Sergeant (Hudda)
(o) Corporal (Amaldar)
(p) Lance Corporal (Pyuth)
(q) Soldiers (Sipahi)
(r) Followers


13Schedule-2
(Relating to Sub-section (2) of Section 16)
Oath

I, …………………….., being fully loyal to the country and the people, do hereby
honestly and faithfully promise/ take an oath in the name of god that I, by being
fully loyal to the Interim-Constitution of Nepal, 2063 (2007) promulgated upon
paying high honour to that the state power and sovereignty of Nepal must be
inherent only in Nepali people, shall honestly perform the duties of the ........ post
subject to the prevailing laws neither fearing from any one nor taking the side of
any one nor being biased against anyone , or having bad faith in, any one and I
shall not disclose or hint any matter which I come to know in the performance of
my duties in any manner at any time when I hold or cease to hold the Office
except in compliance with the prevailing laws.

Date: ………….. Signature

13 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.


Schedule-3
(Relating to Sub-section (1) of Section 17)
Age bar to the persons serving in Nepal Army
General:
(a) Chief of Army Staff - Sixty One years
(b) Lieutenant General - Fifty Eight years
(c) Major General - Fifty Seven years
(d) Brigadier General - Fifty Six years
(e) Colonel - Fifty Six years
(f) Lieutenant Colonel - Fifty Four years
(g) Major - Fifty Three years
(h) Captain - Fifty Two years
(i) Lieutenant - Fifty One years
(j) Second Lieutenant - Fifty years
Technician:
(a) Major General - Fifty Eight years
(b) Brigadier General - Fifty Eight years
(c) Colonel - Fifty Seven years
(d) Lieutenant Colonel - Fifty Six years
(e) From Second Lieutenant to Major - Fifty Five years



Schedule-4
(Relating to Sub-section (2) of Section 17)
Tenure of the Officers of the Nepal Army

General:
(a) Lieutenant General - Two years
(b) Major General - Three years
(c) Brigadier General - Four years
(d) Colonel - Five years
(e) Lieutenant Colonel - Five years
(f) Major (Total tenure as an officer) - Twenty years
Technician:
(a) Major General - Three years
(b) Brigadier General - Four years
(c) Colonel - Five years
(d) Lieutenant Colonel - Five years


Schedule-5
(Relating to Sub-section (3) of Section 17)
Tenure which may be extend of the Officers of Nepal Army

General:
(g) Lieutenant General - One Term of a year
(h) Major General - One Term of Two years
(i) Brigadier General - One Term of Three years
(j) Colonel - One Term of Two years
(k) Lieutenant Colonel - One Term of a year
(l) Major - Five years one term for the
first time and Three years
one term for the Second
time, altogether Eight years
Technician:
(a) Major General - One Term of a year
(b) Brigadier General - One Term of Three years
(c) Colonel and Lieutenant Colonel - One Term of Three y ars

Note: The Lieutenant Colonel who retires from the First term shall receive pension
upon extending the term.