Chapter-14 Miscellaneous

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”