Chapter-3 Appointment, Functions, Duties and Powers of Chief of Army Staff

Chapter-3 Appointment, Functions, Duties and Powers of Chief of Army Staff
8. Chief of Army Staff:
7 (1) The President shall appoint Chief of Army staff on the recommendation of the Council of Ministers. The President shall provide him/her the insignia (Darjani Chinha).
(2) The Chief of Army Staff shall be the Chief of the Nepal Army.
(3) In a case of vacancy of the post of the Chief of Army Staff due to  leave or any reasons, the Senior Officer of the Nepalese Army as designated
8 by the President on the recommendation of the Council of Ministers shall be the Acting Chief of Army Staff and perform the duties of the post.
9. Accountability to the Government of Nepal:

(1) The Chief of Army Staff shall be accountable to the Government of Nepal for the functions to
be carried out and duties to be performed by him/her.
(2) The Chief of Army Staff shall, before assuming the office, take an oath of office in a format as referred to in Schedule-2 before the 9 President.
10. Functions, duties and powers of the chief of Army Staff :

(1) The functions and duties of the Chief of Army Staff shall be to manage the Nepal Army, subject to the directions of the Government of Nepal and prevailing laws.
(2) The Chief of Army Staff shall submit an annual report relating to the management of the Nepal Army to the Government of Nepal every year within the month of Baishakh (Around April-May), and the Government of
Nepal shall present such annual report to the 10 Legislature-Parliament and the State Affairs Committee shall discuss on the report.
(3) Other functions, duties and powers of the Chief of the Army Staff shall be as referred to in this Act and as prescribed in the Rules framed thereunder.

11. Age bar and tenure of office:

(1) The Chief of Army Staff shall hold office until the age of Sixty One years.
(2) The term of office of the Chief of Army Staff shall be Three years subject to the provision pursuant to Sub-section (1).
(3) Notwithstanding anything contained in Sub-section (2), 11 the President on the recommendation of the Council of Ministers may, if deems necessary, remove the Chief of Army Staff before the completion of such
tenure. He or she shall be given an opportunity to defend him/herself, prior to such removal.
(4) The Chief of Army Staff who is holding office at the time of commencement of this Act shall continue his/her office subject to the provision pursuant to Sub-section (2).