Statutes / Acts

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) the same 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,
(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 at 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 deemed 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 for 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 though 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 authority.

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, or 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 the 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 or any 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 shall 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, command 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 allowing 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 by speaking 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 institution 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 Nepal 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 someone else, any
document for which one has the responsibility to protect 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 statements 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 of 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 weakness, while
being healthy; or to deliberately prolong or increase 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 else by a person who
has a duty to prepare or certify a document relating to 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 the 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 to 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 in 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 witness 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 court 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 possible 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 corruption, 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/she 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 this 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 the 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 of 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/she 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/her 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 convene 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 offence 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 to 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 provision) 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 over to 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, and 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 or 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 consideration 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 Martial is absent, the second in seniority shall, subject to the provisions of 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 any 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 decided 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 knowledge 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 the 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 in 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, certificate, 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 Government 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 the 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 decision 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 Martial shall prepare a
memorandum in this regard.
(2) The Chairperson of the Court Martial or investigating 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 Court 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 appropriate 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 defend 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 detention 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 received 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 continue 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 discipline.
(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 not found (traced) 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 referred 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 referred to in Sub- section (1), the concerned accused shall not be denied 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 or the 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 the 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 conditions.

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 penalties 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 and 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 Martial.
(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, the following officers may review such order and nullify or alter or reduce such penalties.
(a) Any senior commanding officer in respect to the penalties ordered by the commanding officer,
(b) The Government of Nepal, Chief of Army Staff or other 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 through 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 referred 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 assigning 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 Act shall be subjected
to any corporal punishment during the period of imprisonment; 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 remained as 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 allowance 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 even
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 imprisonment 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 held
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 remained absent except when he/she has been detained or has remained absent 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 detained 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, such 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 detained 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 in 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 fine 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 salary 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 executed 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, ammunitions and other military equipments shall be in the Chief of Army Staff.
(2) If it is necessary to purchase arms, ammunitions and other military equipments for the Nepal Army, the Chief of Army Staff shall submit the details including justification thereof to 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 provide 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 updated 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 prescribed 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 residence in Kathmandu.

(4) The Government of Nepal shall arrange motor vehicle 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 tenure, 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 necessary 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 referred 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 of
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 battlefield 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 remained 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

Schedule-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   ………………..

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