Army Act, 2006

123. Deduction of Salary and Allowances: (1) For the purpose of executing an order of punishment, salary and allowances of an officer shall be deducted as follows in the following circumstances:-

(a) Salary and allowances for the day of becoming injured, unless the explanation given to the Commanding Officer is satisfactory and approved by the Government of Nepal,

(b) Salary and allowances for the period of being in custody or suspended from duty under an order of punishment given by a military court or other court or by an officer authorized to order departmental punishment,

(c) Amount determined to be payable for unlawfully stopping or refusing to pay someone's salary,

(d) Amount required to compensate expenses incurred when a military court or an officer authorized to order departmental punishment gives an order of punishment,

(e) All salary and allowances ordered to be forfeited or stopped by a military court or an officer authorized to order departmental punishment,

(f) Amount of fine imposed by a military court or any other court under Section 66,

(g) If a regular investigation reveals that property of the Government of Nepal or the Nepali Army has been stolen or damaged due to the negligence or fault of any officer, the amount required to compensate such property,

(h) If it is found by a Court of Inquiry established by the Chief of the Army Staff that an officer has gone over to the enemy, or while in enemy custody has served the enemy, or assisted the enemy under enemy orders or otherwise, or without due caution has wilfully neglected his or her duty and become a prisoner of the enemy, or after becoming a prisoner of the enemy has not returned to his or her side when able to do so, all salary and allowances forfeited by order of the Government of Nepal,

(i) Amount required by order of the Government of Nepal for the maintenance of his or her wife and children, or amount paid by the Government of Nepal for the maintenance of such children.

(2) Subject to the provisions of sub-section (1), from the salary and allowances of persons other than officers falling within the jurisdiction of this Act, the following deductions may be made:-

(a) Salary and allowances for each day of being absent without leave or desertion, or being a prisoner of war, or for each day of custody under an order of a military court or other court or an officer authorized to order departmental punishment, or for field punishment imposed by a military court or such officer, and salary and allowances for each day of custody on any charge where later proven guilty by a military court or other court,

(b) Salary and allowances for the period of being in custody or suspension prior to being found guilty of an offence by a military court or other court or an officer authorized to order departmental punishment,

(c) Salary and allowances for each day of hospitalization due to illness certified by a medical officer as resulting from acts constituting an offence under this Act,

(d) Amount prescribed by the Government of Nepal or by an officer authorized by the Government of Nepal for each day of hospitalization due to illness certified by a medical officer as resulting from misconduct or negligence,

(e) Salary and allowances ordered to be forfeited or stopped by a military court or an officer authorized to order departmental punishment,

(f) Salary and allowances for each day from the date of dismissal from service due to conduct while held as a prisoner of war or under enemy control until the date of release from the enemy,

(g) Amount required to compensate for any damage, loss or destruction of any house or property of the Government of Nepal, or for unnecessary expenses incurred, as determined by his or her Commanding Officer,

(h) Amount required to pay a fine imposed by a military court or other court or any officer exercising authority under Section 66, 105 or 107,

(i) Amount required by order of the Government of Nepal for the maintenance of his or her wife and children, or amount paid by the Government of Nepal for the maintenance of such children.