Army Act, 2006

Chapter-1
Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Military Act, 2063 (2006)."
(2) This Act shall come into force immediately. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-
(a) "Nepali Army" means the collective organization of persons appointed in the Nepali Army under this Act or any part thereof.
(b) "Force" means any organized body of any part or group of the Nepali Army raised by the Government of Nepal for a specific purpose.
(c) "On active service" means any of the following conditions:-
(1) Being part of or working with any unit of the Nepali Army engaged in operations against an enemy,
(2) Being part of or working with any unit of the Nepali Army engaged in military operations in a country or place wholly or partly occupied by an enemy, or advancing towards such country or place,
(3) Being part of or working with any unit of the Nepali Army while in the custody of the military of any foreign country,
(4) Being involved in internal security operations as part of or with any unit of the Nepali Army against any person or group who is or is suspected to be engaged in destructive or violent activities, with or without weapons,
(5) Declared by the Government of Nepal to be on active service pursuant to Section 135.
(d) "Chief of the Army Staff" means the Chief of the Army Staff of the Nepali Army appointed pursuant to Section 8.
(e) "Officer" means an officer of the Nepali Army above the rank of Junior Commissioned Officer, and the term also includes officers of equivalent rank in the Reserve Force.
(f) "Junior Commissioned Officer" means the Chief Warrant Officer, Warrant Officer, and Junior Commissioned Officer of the Nepali Army, and the term also includes persons of equivalent rank in the Reserve Force.
(g) "Commanding Officer" means any of the following officers:-
(1) The officer commanding a Unit or Sub-Unit,
(2) The officer in command of detachments of Units or Sub-Units when separately employed,
(3) For every person under clause (b) of sub-section (1) of Section 3, the Commanding Officer of any Company, Detachment, or Department to which he/she is attached,
(4) Where not so attached under sub-clause (3), the officer commanding the force in which he/she is currently serving, nominated or designated by him/her as the Commanding Officer,
(5) If no officer is nominated or designated under sub-clause (4), the officer commanding the relevant force.
(h) "Non-Commissioned Officer" means the Hudda, Amaldar, Pyuth of the Nepali Army, and the term also includes persons of that rank in a force raised for a specific purpose.
(i) "Company" means a distinct unit established as a Company within the Nepali Army.
(j) "Brigade" means a distinct unit established as a Brigade within the Nepali Army.
(k) "Regiment" means a distinct unit established as a Regiment within the Nepali Army.
(l) "Battalion" means a distinct unit established as a Battalion within the Nepali Army.
(m) "Rank" means the ranks from Officer to Non-Commissioned Officer.
(n) "Superior Officer" means the immediate superior officer, and for this purpose includes Junior Commissioned Officers and Non-Commissioned Officers.
(o) "Offence" means an act deemed to be an offence under Chapter-7.
(p) "Enemy" means armed military rebels, armed traitors, armed insurgents, armed robbers, and any other armed persons of any kind against whom any person within the jurisdiction of this Act is required to act.
(q) "Military Court" means the General Military Court, Summary General Military Court, District Military Court, Summary Military Court under Section 67, and the Special Military Court under Section 119.
(r) "Committee" means the Military Welfare Fund Operation and Management Committee under Section 29.
(s) "Welfare Activity" means activities for the benefit of serving and retired military personnel and their families, including insurance, medical treatment, health, scholarships, provision of housing, and operation of canteens, and the term also includes establishing and operating schools and colleges.
(t) "Welfare Scheme" means income-generating activities to support welfare activities, and the term also includes activities of providing loans or investing in shares in infrastructure and service-oriented projects, financial institutions, and industries established in Nepal on a prescribed basis.