Chapter-5 Privileges and Immunities

Chapter-5 Privileges and Immunities
22. Protecting the acts performed during the discharge of duties : If, someone suffers death or loss while a person under the jurisdiction of this Act is committing an act in the course of discharging his/her duties in good
faith, no case shall be filed against such person in any court.
Provided that, any of the offences as referred to in Sections 62 and 66 shall not be deemed to be an offence committed in the course of discharging duties in food faith.
Explanation: For the purposes of this Section, “committing any act,
in the course of discharging duties”, means an act committed during the
performance of duties and it includes any action taken for internal security
or self-defence, including flag march, patrolling and sentry (Chapate) duty.
23. Immunity from arrest: (1) The chairperson or member of Court Martial
or Judge Advocate General Department or a person related to the
proceeding to the Court Martial, legal counsel, attorney (waris) or witness
attending in accordance with the summons issued by the Court Martial,
shall not be arrested on the order of any court or quasi-judicial authority at
the time of entering into or returning from the Court Marital.
(2) If the information of arrest is received pursuant to Sub-section
(1), the Court Martial may request the concerned authority to release such
person immediately.
(3) If, a person under the jurisdiction of this Act engaged in military
proceedings, shall not be detained as per the judgment, decision or order of
any court or Quasi-judicial Authority, for a loan to be paid by him/her.
(4) If an information of arrest, who is not to be arrested pursuant to
Sub-section (1), is received the Court or Quasi-judicial Authority it shall
release such person immediately.
24. Not to Freeze or forfeit : Except the Court Martial, no arms, clothes,
military supplies, animal, vehicle and goods including salary, allowance of
a person under the jurisdiction of this Act, used in the course of discharging
the duties shall be freezed or forfeited, in full or partial, by the decision,
verdict or order of any other Court or Quasi-judicial Authority.
25. Immunity and privilege of the reserve force : A person belonging to
the reserve force shall have all the privileges and facilities as referred to in
Sub-section (3) of Section 23 and 24 while coming into and returning from
training or service when called by the Government of Nepal or serving in
the job.
26. Priority in the cases: (1) If a case has been registered in a any court or
office in which a person serving in the Nepal Army is a party, and he/she is
present to the court or office with the approval of his/her leave by the
concerned authority and if he/she submits an application to the court or
office requesting disposal of case before the end of his/her leave attaching
the leave approval letter and details of a case, the concerned court or office
shall list it in a priority hearing and order to finalize it before the end of
his/her leave.
(2) No fee shall be required for the application to be submitted as
referred to in Sub-section (1).
(3) If the disposal of a case cannot be made before the end of his/her
leave, the court or office shall inform the same.
(4) If a question is raised about a leave approving authority, the
decision of the Division Commander (Pritanapti) or Brigadie Commander
(Bahinipati) or officer of the same rank shall be final.
27. Complaint regarding any sufferings or injustice: (1) If an officer
under the jurisdiction of this Act is caused injustice on any matter by the
commanding officer or any senior officer, he/she may complain against
such grievance to his/her commanding officer.
(2) If a person is not satisfied with the decision made by the
commanding officer or Commander (Pati) to the complaint pursuant to
Sub-section (1), he/she may file an application to the Chief of Army Staff.
(3) A person below the rank of officer may file such a complaint to
the concerned Commander (Pati).
(4) If a complaint as referred to in Sub-section (3) is not heard by the
Commander (Pati), a complaint may be filed to the commanding officer
and if it is also not heard by the commanding officer or one is not satisfied
with such decision, a complaint may be filed to the superior officer than the
commanding officer; and if such complaint received, the commanding
officer shall provide a receipt thereof to the complainant and forward it to
the senior level. If the commanding officer fails to forward such complaint
to the senior level, he/she shall be liable for a disciplinary action.
(5) If a complaint is received pursuant to Sub-sections (1) and (4),
the complaint hearing authority shall examine the complaint and resolve the
problem, and shall forward the complaint to the superior level if so
required.
(6) If a complaint has to be filed against a person who hears a
complaint, it shall be filed to the officer superior to such officer.
(7) The decision made by the Chief of Army Staff on a complaint as
referred to in this Section shall be final.
(8) The procedures for the hearing shall be as prescribed.
(9) The Government of Nepal, if it deems reasonable, may review
the decision made pursuant to this Section.
28. No effect on facilities entitled in accordance with existing laws:
The facilities to be received as referred to in this Chapter shall not be
affected by other facilities received pursuant to the prevailing laws.