chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Rapti Academy of Health Sciences Act, 2017

Chapter-9
Fund, Accounts and Audit of the Academy

27. Fund of the Academy: (1) The Academy shall have a separate Fund.

(2) The Fund pursuant to Sub-section (1) shall consist of the following amounts: -

(a) Amount received from the Government of Nepal,
(b) Amount received from educational fees and service fees,
(c) Amount received as grant or loan from domestic or foreign persons, associations, organizations or foreign governments,
(d) Amount received from other sources.

(3) Before receiving any amount from a foreign person, association, organization or government pursuant to Clause (c) of Sub-section (2), the Academy shall obtain the approval of the Ministry of Finance, Government of Nepal.

(4) The amount in the Fund of the Academy shall be deposited by opening an account in a commercial bank.

(5) All expenses of the Academy shall be borne from the Fund pursuant to Sub-section (1).

(6) The operation of the Fund and accounts of the Academy shall be as prescribed. 28. Accounts and Audit: (1) The accounts of income and expenditure of the Academy shall be kept in accordance with the prevailing law.

(2) The audit of the Academy shall be conducted by the Auditor General. Chapter-10
Miscellaneous

29. Not to Grant Affiliation: The Academy shall not grant affiliation to any educational institution. 30. May Merge Other Institutions: (1) If any institution related to health sciences established and operating under the prevailing law wishes to merge with the Academy, the Academy may merge such institution into the Academy.

(2) The basis and procedure for merging an institution pursuant to Sub-section (1) shall be as prescribed. 31. To Act in Accordance with National Education and Health Policy: The Academy shall act in accordance with the national health and education policy approved by the Government of Nepal. 32. Provision relating to Reservation: (1) The Academy shall make provision for reservation for women, Dalits, Adivasi/Janajati, persons with disabilities, Madhesi and students from backward areas who have studied in community schools and passed the School Leaving Certificate or equivalent, of not less than ten percent of the total number of students admitted in each academic session.

(2) Students for the seats reserved pursuant to Sub-section (1) shall be selected through competition. 33.
Rapti Academy of Health Sciences Act, 2017

33. Priority to be Given in Admitting Students: (1) The Academy shall give priority to admit to the undergraduate level of the Academy for study, health service assistant employees who have passed the Proficiency Certificate level or equivalent in a subject related to health sciences after passing the School Leaving Certificate or equivalent, and have worked in a health institution in a remote area for a prescribed period.

(2) An employee wishing to be admitted pursuant to Sub-section (1) must have fulfilled the criteria set by the Nepal Medical Council. 34. Scholarships to be Provided: (1) The Academy shall provide full scholarships to economically disadvantaged students in at least fifty percent of the total seats of the total number of students admitted in each academic session. Explanation: For the purpose of this Section, "economically disadvantaged" means students who have studied in community schools and passed the School Leaving Certificate or equivalent and are recommended as economically disadvantaged by the related Rural Municipality or Municipality on prescribed basis.

(2) Out of the fifty percent referred to in Sub-section (1), regarded as one hundred percent, scholarships shall be provided only to students from women, Dalits, Adivasi/Janajati, Madhesi, persons with disabilities and backward areas in forty-five percent of such seats.

(3) The basis for providing scholarships pursuant to Sub-sections (1) and (2) shall be as prescribed.

(4) Any body or organization may provide a scholarship to any student for study at the Academy. 35. To Work in Prescribed Locality: (1) A student who has studied under reservation or scholarship provided under this Act shall work in a backward area prescribed by the Academy for at least three years.

(2) If the body or organization providing the scholarship has stipulated a condition that the student studying under the scholarship of any body or organization must work in a certain locality for a certain period in consideration of receiving such scholarship, the student shall work in accordance with such condition, and if no such condition is stipulated, the student shall work for the period pursuant to Sub-section (1).

(3) A student admitted under priority of the Academy pursuant to Section 33 shall work in a backward area for a period prescribed by the Academy.

(4) Amended by Some Nepal Acts Amendment Act, 2075.
Rapti Academy of Health Sciences Act, 2017

The Academy shall issue the provisional certificate of educational qualification to a student studying under the reservation pursuant to Sub-section (1) of Section 32 and the scholarship pursuant to Section 34 only after the student works for the full period mentioned in Sub-section (1), (2) or (3).

(5) Except for students studying under reservation, priority or scholarship pursuant to Sections 32, 33 and 34, the Academy may make necessary arrangements to encourage other students studying in the Academy to work in health institutions in backward areas after their study. 36. Annual Report: (1) The Academy shall submit an annual report of its activities carried out during the year to the Ministry within three months of the end of each fiscal year.

(2) The report pursuant to Sub-section (1) shall, among other things, include a brief description of the work performed by the Academy during the year and the achievements of the Academy. 37. Delegation of Powers: (1) The Assembly may delegate some of the powers conferred on it under this Act to the Academic Council, Executive Council or Vice-Chancellor as required.

(2) The Academic Council and the Executive Council may delegate some of the powers conferred on them under this Act to any office bearer of the Academy or any subordinate body as required. 38. Acts and Proceedings Not to be Invalid: Acts and proceedings performed by the Academy shall not be invalid merely by reason of the vacancy of the position of any office bearer or member of the Academy or any defect in the appointment or nomination of any office bearer or member of any organization of the Academy. 39. Power to Give Directions: The Chancellor and the Pro-Chancellor may give necessary directions to the Academy regarding the acts and proceedings of the Academy, and it shall be the duty of the Academy to comply with such directions. 40. Communication with Government of Nepal: The Academy shall communicate with the Government of Nepal through the Ministry. 41. To Take Oath: A person appointed to the office of an office bearer of the Academy shall take an oath in the format as prescribed before assuming the charge of his/her office. 42.
Rapti Academy of Health Sciences Act, 2017

41. To Take Oath: A person appointed to the office of an office bearer of the Academy shall take an oath in the format as prescribed before assuming the charge of his/her office. 42. Employees May Remain in the Academy: (1) Among the employees of the Nepal Health Service working at the Rapti Sub-Regional Hospital, Ghorahi, Dang at the time of commencement of this Act, such employees desiring to work in the Academy shall submit an application to the Ministry within six months from the date of commencement of the employee service rules made under this Act.

(2) If the Ministry grants approval for an employee who submits an application pursuant to Sub-section (1) to remain as an employee of the Academy, such employee shall be deemed to be an employee of the Academy.

(3) The service period of an employee who remains in the Academy pursuant to Sub-section (2) in the health service shall be counted as service period in the Academy. 43. Power to Make Rules: (1) The Academy may make necessary rules for the implementation of this Act.

(2) Notwithstanding anything contained in Sub-section (1), while making rules on matters involving additional financial burden on the Government of Nepal, approval of the Ministry of Finance, Government of Nepal shall be obtained. 44. Repeal and Saving: (1) The Rapti Sub-Regional Hospital Development Committee (Formation) Order, 2068 is repealed.

(2) Teachers and employees working in the Development Committee under the Formation Order pursuant to Sub-section (1) shall be transferred to positions of equivalent level and rank in the Academy.

(3) All acts and proceedings performed pursuant to the Order pursuant to Sub-section (1) shall be deemed to have been performed under this Act.

(4) All rights and liabilities including movable and immovable property, transactions, loans, and assets in the name of the Development Committee under the Order pursuant to Sub-section (1) shall be deemed to have been transferred to the Academy.

(5) Until the Hospital Management Committee is formed under this Act, the committee formed under the Order pursuant to Sub-section (1) shall perform the work of that Hospital Management Committee.
Nepal Veterinary Council Act, 1999

Nepal Veterinary Council Act, 2055 (1998)

Royal Seal and Publication Date
2054.1.27
Certification and Publication Date
2066.10.17
2075.1.19

Amending Acts

1. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009) 2066.10.17
2. Some Nepal Acts Amendment Act, 2075 (2018) to Make Consistent with the Constitution of Nepal 2075.1.19

Act No. 24 of the year 2054 (1998)



An Act Made to Provide for Matters Relating to the Nepal Veterinary Council

Preamble: Whereas, it is expedient to establish a Nepal Veterinary Council to make the veterinary profession effective and well-regulated, and to make provisions for the registration of names of veterinarians according to their qualifications in Nepal Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.;

This Act is enacted by Parliament in the twenty-seventh year of the reign of His Majesty King Birendra Bir Bikram Shah Dev. Chapter - 1
Preliminary

1. Short Title and Commencement: (1) This Act may be cited as the "Nepal Veterinary Council Act, 2054 (1998)."

(2) This Act shall come into force immediately. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Council" means the Nepal Veterinary Council established pursuant to Section 3.

(b) "Chairperson" means the Chairperson of the Council.

(c) "Member" means a member of the Council and includes the Chairperson and Vice-Chairperson of the Council.

(d) "Register" means the register for registering the names of veterinarians under this Act.

(e) "Registered Veterinarian" means a veterinarian whose name is registered in the Register.

(f) "Veterinarian" means a person who has obtained at least a Bachelor's degree in veterinary science from a teaching institution recognized by the Council.

(g) "Registrar" means the Registrar appointed pursuant to Section 19.

(h) "Veterinary Drug" means any substance, hormone, or biological substance used in the diagnosis, treatment, or control of animal diseases, and includes protein, salt, or vitamins used in animal feed.

(i) "Animal" includes mammals, birds, and fish.

(j) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act. Chapter - 2
Establishment, Formation, Functions, Duties, and Powers of the Council

3. Establishment of Council: A Nepal Veterinary Council is hereby established to make the veterinary profession effective and well-regulated, to manage it scientifically, and to make provisions for the registration of names of veterinarians according to their qualifications. 4. Council to be an Autonomous Body: (1) The Council shall be an autonomous and corporate body with perpetual succession.

(2) The Council shall have its own seal for all its business.

(3) The Council may, like an individual, acquire, use, sell, or otherwise dispose of movable and immovable property.

(4) The Council may, like an individual, sue and be sued in its own name.
Nepal Veterinary Council Act, 1999

5. Formation of Council: (1) The Council established pursuant to Section 3 shall consist of the following members:-

(a) A registered veterinarian of "A" category nominated by the Government of Nepal - Chairperson

(b) Two veterinarians elected from among registered veterinarians - Vice-Chairperson

(c) Two registered veterinarians of at least "B" category nominated by the Government of Nepal - Member

(d) Five veterinarians elected from among registered veterinarians - Member

(e) President, Nepal Veterinary Association - Member

(2) Until the Council is formed pursuant to Sub-section (1), the Government of Nepal may form a committee to perform the functions to be performed by the Council. The committee so formed shall not remain in force for a period exceeding one year. 6. Term of Office of Members: (1) The term of office of members pursuant to Clauses (a), (b), (c), and (d) of Sub-section (1) of Section 5 shall be four years. Members whose term has expired may be re-nominated or re-elected subject to other provisions of this Act.

(2) If the office of any member falls vacant before the expiry of the term pursuant to Sub-section (1), such vacant office may be filled by nomination or election for the remaining period. Provided that no election or nomination shall be made for a period of less than six months. 7. Disqualification for Membership: The following persons shall not be eligible to be nominated or elected as a member of the Council:-

(a) A person who is not a Nepali citizen,

(b) A person whose name has been removed from the Register,

(c) A person who has been adjudged insolvent for inability to pay debts,

(d) A person who has been convicted by a court of a criminal offense involving moral turpitude and sentenced, and

(e) A person of unsound mind. 8. Vacation of Membership of Council: The membership of the Council shall not continue in the following circumstances:-

(a) If disqualified pursuant to Section 7,

(b) If resignation from the office of member is accepted,

(c) If absent from three consecutive meetings of the Council without prior notice of cause to the Council,

(d) Upon death. 9.
Nepal Veterinary Council Act, 1999

9. Functions, Duties, and Powers of Council: The functions, duties, and powers of the Council shall be as follows:-

(a) To prepare necessary policies, plans, and programs for the smooth conduct of the veterinary profession and to implement them.

(b) To formulate and submit to the Government of Nepal necessary policies, action plans, and programs to make animal health services and related systems well-regulated, standardized, dignified, and effective.

(c) To advise the Government of Nepal on preparing necessary standards to ensure the quality of veterinary drugs, biological substances, animal feed, chicks, and animal production materials.

(d) To determine the qualifications of veterinarians and to register the names of veterinarians who have fulfilled such determined qualifications and maintain updated records.

(e) To prepare and implement a code of conduct to be followed by registered veterinarians.

(f) To grant recognition, as prescribed, to teaching institutions providing veterinary education and the certificates and degrees awarded by such institutions.

(g) To provide necessary consultation to the Government of Nepal on matters related to veterinary science and animal health.

(h) To engage in endeavors for research or invention of veterinary drugs.

(i) To exchange research or experiences related to veterinary science achieved internationally and recommend to the Government of Nepal for the implementation of matters suitable for Nepal.

(j) To remove the name of a registered veterinarian from the Council if such veterinarian fails to comply with the code of conduct, following the prescribed procedure.

(k) To perform any other functions necessary for achieving the objectives of the Council. 10. Meeting and Decision of Council: (1) The meeting of the Council shall ordinarily be held four times a year.

(2) The meeting of the Council shall be held at the date, time, and place specified by the Chairperson.

(3) If more than fifty percent of the total number of members of the Council are present, the meeting shall be deemed to have constituted a quorum.

(4) The meeting of the Council shall be presided over by the Chairperson, and in his/her absence, by the Vice-Chairperson. In the absence of both the Chairperson and Vice-Chairperson, the members present at the meeting shall elect a person from among themselves to preside over the meeting.

(5) The decision of the majority in the meeting of the Council shall prevail. In the case of a tie, the person presiding over the meeting may cast a casting vote.

(6) The decision of the Council shall be certified by the Registrar.

(7) Other procedures relating to the meeting of the Council shall be as determined by the Council itself. Chapter - 3
Provisions Relating to Name Registration

11.
Nepal Veterinary Council Act, 1999

Chapter - 3
Provisions Relating to Name Registration

11. Not to Practice without Name Registration: After one year from the date of commencement of this Act, no person whose name is not registered with the Council shall practice the veterinary profession. 12. Application for Name Registration: (1) A person desiring to register his/her name with the Council shall submit an application to the Council in the prescribed format.

(2) A person who is practicing the veterinary profession at the time of commencement of this Act shall submit an application pursuant to Sub-section (1) to have his/her name registered with the Council within six months from the date of commencement of this Act.

(3) A person submitting an application for name registration pursuant to Sub-section (1) or (2) shall attach the certificates, degrees, and other related documents obtained by him/her and the prescribed fee with the application. 13. Action on Application and Certificate of Registration: (1) The Registrar shall make necessary inquiry into the application received pursuant to Section 12 and submit it to the relevant committee for registration of the name in the Register.

(2) The relevant committee shall, upon inquiry into the application submitted pursuant to Sub-section (1) as to whether the qualification degree is recognized and whether the application is in proper form, submit a report to the Council within fifteen days.

(3) Based on the report submitted by the committee pursuant to Sub-section (2), the Council shall decide whether to register the name of the applicant in the Register or not.

(4) If the Council decides to register the name of the applicant pursuant to Sub-section (3), the Registrar shall register the name of such applicant in the Register and issue a certificate of registration to him/her in the prescribed format. If the Council decides not to register the name of the applicant, the Registrar shall inform the applicant accordingly. 14.
Nepal Veterinary Council Act, 1999

If the Council decides not to register the name of the applicant, the Registrar shall inform the applicant accordingly. 14. Removal of Name from Register and Re-registration: (1) The name of a registered veterinarian shall not be removed from the Register except in the following circumstances:-

(a) Unsound mind,

(b) Convicted by a court of a criminal offense involving moral turpitude,

(c) Adjudged insolvent for inability to pay debts,

(d) A resolution passed by a two-thirds majority of the Council stating that the code of conduct has not been followed.

(2) If a veterinarian whose name has been removed from the Register due to circumstances under Clauses (a), (c), and (d) of Sub-section (1) submits an application for re-registration of his/her name stating a reasonable cause, and if the Council considers it reasonable to re-register his/her name, the Council may, by a decision of a two-thirds majority, order the re-registration of his/her name.

(3) If an order is made pursuant to Sub-section (2), the Registrar shall, upon receipt of the prescribed fee, re-register the name of such veterinarian in the Register and issue a certificate. 15. Cancellation of Certificate: If it comes to the notice that the name of any person has been registered in the Register through fraud or mistake, and upon inquiry such fact is found to be true, the Council may cancel the registration certificate of such person. 16.
Nepal Veterinary Council Act, 1999

15. Cancellation of Certificate: If it comes to the notice that the name of any person has been registered in the Register through fraud or mistake, and upon inquiry such fact is found to be true, the Council may cancel the registration certificate of such person. 16. Categories of Veterinarians: For the purpose of registering the names of veterinarians under this Act, veterinarians having qualifications as follows are placed in the following categories:-

(a) "A Category": A veterinarian who has obtained a PhD degree in Veterinary Science from a recognized teaching institution and has at least seven years of experience in the relevant field, or who has obtained a Master's degree in Veterinary Science from a recognized teaching institution and has at least ten years of experience in the relevant field, or who has obtained a Bachelor's degree in Veterinary Science from a recognized teaching institution and has at least fifteen years of experience in the relevant field, or a veterinarian who has obtained a Bachelor's degree in Veterinary Science from a recognized teaching institution and is serving in the Government of Nepal service at least at the gazetted first class or equivalent post, or at a post of at least Associate Professor in a university.

(b) "B Category": A veterinarian who has obtained a PhD degree in Veterinary Science from a recognized teaching institution and has at least five years of experience in the relevant field, or who has obtained a Master's degree from a recognized teaching institution and has at least seven years of experience in the relevant field, or who has obtained a Bachelor's degree in Veterinary Science from a recognized teaching institution and has at least ten years of experience in the relevant field, or a veterinarian who has obtained a Bachelor's degree in Veterinary Science from a recognized teaching institution and is serving in the Government of Nepal service at least at the gazetted second class post, or at a post of at least Assistant Professor in a university.

(c) "C Category": A veterinarian who has obtained at least a Bachelor's degree in Veterinary Science from a recognized teaching institution. 17. Application for Recognition: (1) A person who has obtained a degree, diploma, certificate, or similar other qualification in veterinary science from any teaching institution shall submit an application to the Council for its recognition as prescribed.

(2) After inquiry into the application pursuant to Sub-section (1), the name of the teaching institution granting the degree, diploma, certificate, or other qualification recognized by the Council shall be published in the Nepal Gazette. 18.
Nepal Veterinary Council Act, 1999

18. Notice Required upon Leaving Practice or Change of Address: If any registered veterinarian leaves his/her practice or changes his/her address, he/she shall notify the Registrar within one month. Chapter - 4
Provisions Relating to Employees

19. Appointment, Functions, Duties, and Powers of Registrar: (1) The Government of Nepal may appoint the Registrar of the Council from among persons whose names are registered with the Council and who possess the prescribed qualifications.

(2) The Registrar shall act as the chief administrative officer of the Council.

(3) The remuneration, terms of service, and facilities of the Registrar shall be as prescribed.

(4) In addition to matters mentioned elsewhere in this Act, the functions, duties, and powers of the Registrar shall be as follows:-

(a) To submit applications submitted by veterinarians for name registration to the relevant committee.

(b) To implement or cause to implement the decisions made by the Council.

(c) To enter the names of veterinarians in the Register according to the decision of the Council to register them as veterinarians.

(d) To remove the name of a registered veterinarian from the Register upon his/her death.

(e) To note in the Register upon receiving notice that a registered veterinarian has left practice or changed address.

(f) To certify the decisions of the Council.

(5) Other functions, duties, and powers of the Registrar shall be as specified by the Council. 20. Employees of Council: (1) The Council may appoint such number of employees as necessary for the operation of the Council, providing salary, allowances, and other facilities from its own financial resources.

(2) The employees appointed pursuant to Sub-section (1) shall work under the supervision and control of the Registrar.

(3) The terms of service and facilities of the employees appointed pursuant to Sub-section (1) shall be as prescribed in the bylaws. Chapter - 5
Fund and Audit

21.
Nepal Veterinary Council Act, 1999

Chapter - 5
Fund and Audit

21. Fund of Council: (1) The Council shall have a separate fund.

(2) All expenses of the Council shall be borne from the fund pursuant to Sub-section (1).

(3) The fund pursuant to Sub-section (1) shall consist of the following amounts:-

(a) Amount received from the Government of Nepal,

(b) Amount received as loan, donation, grant, or gift from domestic or foreign individuals, institutions, governments, or international organizations,

(c) Amount collected from various fees levied by the Council,

(d) Amount received from any other source.

(4) Prior approval of the Government of Nepal shall be required for receiving amounts under Clause (b) of Sub-section (3).

(5) Amounts received into the fund of the Council shall be deposited by opening an account in any commercial bank of Nepal Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066..

(6) The operation of the fund and account of the Council shall be as prescribed. 22. Accounts and Audit of Council: (1) The accounts of income and expenditure of the Council shall be kept as prescribed.

(2) The audit of the Council shall be conducted by an auditor appointed by the Auditor General.

(3) The Government of Nepal may, if it so desires, inspect or cause to inspect the accounts of the fund of the Council at any time. Chapter - 6
Miscellaneous

23. Dissolution of Council: (1) If it appears to the Government of Nepal that the Council has failed to exercise the powers conferred on it under this Act or the regulations made under this Act, or has consistently abused its powers, or has exercised powers beyond such powers, or has failed to perform its duties under this Act or the regulations made under this Act, the Government of Nepal shall direct the Council to rectify or correct such matters.

(2) If the Council fails to rectify or correct its actions in accordance with the direction given pursuant to Sub-section (1), the Government of Nepal may dissolve the Council.

(3) After the dissolution of the Council pursuant to Sub-section (2), until another Council is formed, the Government of Nepal may keep the fund and property of the Council under its own custody and may itself exercise all the powers that the Council would exercise under this Act or the regulations made under this Act, or may form a committee to exercise such powers.

(4) The Government of Nepal shall form a new Council pursuant to Section 5 within three months of the dissolution of the Council pursuant to Sub-section (2). 24.
Nepal Veterinary Council Act, 1999

24. Power to Form Committees: (1) The Council may, as necessary, form subject committees and other committees.

(2) The functions, duties, powers, and procedures of subject committees and other committees formed pursuant to Sub-section (1) shall be as specified by the Council. 25. Meeting Allowance and Other Facilities for Members: The meeting allowance and other facilities for members and members of subject committees and other committees formed pursuant to Section 24 shall be as prescribed. 26. Authority for Investigation, Inquiry, and Prosecution: The authority or body authorized to investigate, inquire into, and prosecute offenses under Section 27, and the procedures relating thereto, shall be as specified by the Government of Nepal by notification published in the Nepal Gazette. 27. Offenses and Penalties: (1) If a person practices the veterinary profession without having his/her name registered with the Council pursuant to Section 11, such person shall be deemed to have committed an offense under this Act.

(2) A person committing an offense pursuant to Sub-section (1) shall be liable to a fine of up to three thousand rupees or imprisonment for up to three months, or both.

(3) Except as mentioned in Sub-section (2), a person performing any act contrary to this Act or the regulations made under this Act shall be liable to a fine of up to two thousand rupees. 28. Liaison with Government of Nepal: The Council shall maintain liaison with the Government of Nepal through the Amended by the Some Nepal Acts Amendment Act, 2075 (2018) to Make Consistent with the Constitution of Nepal. Ministry of Agriculture and Livestock Development. 29. Power to Make Rules and Regulations: (1) The Council may make necessary rules for the implementation of the objectives of this Act, and such rules shall come into effect only after approval by the Government of Nepal.

(2) The Council may, subject to this Act and the rules made under this Act, make necessary regulations.
Army Act, 2006

Military Act, 2063 (2006)

Certification and Publication Date
2063.6.12

Amending Acts

1. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009) 2066.10.7
2. Some Nepal Laws Amendment and Repeal Act, 2072 (2015) 2072.6.14
3. Some Nepal Acts Amendment Act, 2072 (2015) 2072.11.13
4. Some Nepal Laws Amendment, Consolidation, Adjustment and Repeal Act, 2074 (2017) 2074.6.30
5. Some Nepal Acts Amendment Act to Make Compatible with the Constitution of Nepal, 2075 (2018) 2075.11.19

Act Number 7 of the year 2063 (2006)

An Act Made to Provide for Amendments and Consolidation in the Laws relating to the Nepali Army

Preamble: Whereas, as a result of the historic people's movement, the sovereignty of Nepal is vested in the Nepalese people and the source of state power is the Nepalese people themselves, it is desirable to make timely amendments and consolidation in the prevailing legal provisions relating to the establishment, management, control, use and mobilization of the Nepali Army in order to make the Nepali Army accountable towards the Nepalese people;

Now, therefore, the House of Representatives has enacted this Act in the first year of the issuance of the House of Representatives Declaration, 2063 (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.
Army Act, 2006

3. Persons Subject to the Jurisdiction of this Act: (1) The following persons shall be subject to the jurisdiction of this Act:-
(a) Persons appointed in the Nepali Army under this Act,
(b) Non-military persons employed by the Nepali Army or in the service of the Nepali Army or accompanying the Nepali Army for assistance in work while in camp, on march for active service, or in an area declared by the Government of Nepal as an area of active service,
(c) Persons selected for appointment in the Nepali Army.
(2) A person under clause (b) of sub-section (1) shall be deemed to be under the command of the Commanding Officer of the Department, Formation, or Unit to which he/she is attached.
(3) A person under clause (b) of sub-section (1), if not attached under sub-section (2) to the command of a Commanding Officer of any Department, Formation, or Unit, shall be deemed to be under the command of the officer designated or nominated as his/her Commanding Officer by the officer commanding the force in which he/she is currently serving temporarily, or if no officer is so designated or nominated, the officer commanding the relevant force.
(4) The Commanding Officer of a force shall not place any person mentioned in clause (b) of sub-section (1) under the command of an officer lower in rank than himself/herself, unless such person is a superior officer.
(5) The jurisdiction of this Act shall also apply to persons under sub-section (1) for offences committed outside the State of Nepal.
(6) Offences committed by persons under sub-section (1) against citizens of the country where they are deployed while serving in the United Nations Peacekeeping Force shall fall within the jurisdiction of other courts. Chapter-2

Establishment and Management of Nepali Army

4. Establishment and Management of Nepali Army: Amended by Some Nepal Acts Amendment Act, 2072 (2015).
(1) The Nepali Army shall be established for the protection of Nepal's freedom, sovereignty, territorial integrity, independence, and national unity.
(2) The Nepali Army existing at the commencement of this Act shall be deemed to be established under this Act.
(3) The management of the Nepali Army shall be as mentioned in this Act and the rules made under this Act, and regarding other matters, as directed by the Government of Nepal. 5. Repealed by Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009). 6.
Army Act, 2006

5. Repealed by Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009). 6. National Security Council: (1) Deleted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009)
(2) Deleted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009)
(3) Amended by Some Nepal Acts Amendment Act, 2072 (2015).In addition to the functions mentioned in the Constitution of Nepal, the functions, duties, and powers of the National Security Council shall be as follows:-
(a) To formulate policies, plans, and programs relating to the Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009).mobilization, operation, and use of the Nepali Army and submit them to the Government of Nepal,
(b) To submit suggestions to the Government of Nepal regarding the number and organizational structure of the Nepali Army,
(c) To submit necessary suggestions to the Government of Nepal regarding the management of the Nepali Army,
(d) To submit necessary suggestions to the Government of Nepal regarding the management of weapons, ammunition, and other military equipment of the Nepali Army,
(e) To perform other functions as prescribed.
(4) Deleted by Some Nepal Acts Amendment Act, 2072 (2015)
(5) There shall be a Secretariat under the Ministry of Defence for conducting the business of the National Security Council. Other arrangements relating to the Secretariat shall be as prescribed.
(6) The procedures relating to the meetings of the National Security Council shall be as determined by the National Security Council itself. 7. Form of Organization: (1) The organization of the Nepali Army shall be inclusive and national in character.
(2) The Government of Nepal shall formulate necessary policies, plans, and programs to implement the provision under sub-section (1).
(3) The organizational structure and authorized strength of the Nepali Army shall be as approved by the Government of Nepal. Provided that there shall be only one post of General, and that General shall be appointed as the Chief of the Army Staff.
(4) The organization of the Nepali Army shall include the Chief of the Army Staff and the posts mentioned in Schedule-1. Chapter-3

Appointment, Functions, Duties and Powers of the Chief of the Army Staff

8. Chief of the Army Staff: Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009).
(1) The President shall appoint the Chief of the Army Staff on the recommendation of the Council of Ministers.
Army Act, 2006

Chapter-3

Appointment, Functions, Duties and Powers of the Chief of the Army Staff

8. Chief of the Army Staff: Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009).
(1) The President shall appoint the Chief of the Army Staff on the recommendation of the Council of Ministers. He/she shall be conferred the insignia of rank by the President.
(2) The Chief of the Army Staff shall be the head of the Nepali Army.
(3) In the event that the Chief of the Army Staff is on leave or the post falls vacant for any other reason, the senior officer of the Nepali Army designated by the Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009).President on the recommendation of the Council of Ministers shall act as the Chief of the Army Staff and assume the responsibilities. 9. Accountability to the Government of Nepal: (1) The Chief of the Army Staff shall be accountable to the Government of Nepal in respect of the duties and functions to be performed by him/her.
(2) Before assuming his/her office, the Chief of the Army Staff shall take an oath before the Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009).President in the format according to Schedule-2. 10. Functions, Duties and Powers of the Chief of the Army Staff: (1) Subject to the directions given by the Government of Nepal and the prevailing law, it shall be the function and duty of the Chief of the Army Staff to manage the Nepali Army.
(2) The Chief of the Army Staff shall submit an annual report relating to the management of the Nepali Army to the Government of Nepal within the month of Baishakh each year, and the report so received shall be Amended by Some Nepal Acts Amendment Act to Make Compatible with the Constitution of Nepal, 2075 (2018).discussed by the Government of Nepal in the State Affairs and Good Governance Committee of the House of Representatives of the Federal Parliament.
(3) Other functions, duties, and powers of the Chief of the Army Staff shall be as prescribed in this Act and the rules made under this Act. 11.
Army Act, 2006

11. Age Limit and Tenure: (1) The Chief of the Army Staff shall remain in his/her post until the age of 61 years.
(2) Subject to sub-section (1), the tenure of the Chief of the Army Staff shall be three years.
(3) Notwithstanding anything contained in sub-section (2), if the Government of Nepal deems necessary, the President may, before the expiry of that period, retire the Chief of the Army Staff Added by Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009).on the recommendation of the Council of Ministers. An opportunity for a defense shall be given before such retirement.
(4) The Chief of the Army Staff existing at the commencement of this Act shall remain in his/her post subject to sub-section (2). Chapter-4

Appointments and Terms of Service

12. Appointment and Filling of Posts: (1) There shall be a Recruitment Committee as prescribed for making recommendations for filling vacant posts at the officer level in the Nepali Army, chaired by the Chairperson of the Public Service Commission or a member of that Commission designated by the Public Service Commission, and for recommendations for filling posts below the officer level, chaired by the Chairperson or a member designated by the Public Service Commission, and including a representative designated by the Public Service Commission as a member. Amended by Some Nepal Acts Amendment Act, 2072 (2015).Provided that the written examination for recruitment shall be conducted by the Public Service Commission.
(2) Other functions, duties, and powers of the Recruitment Committee under sub-section (1) shall be as prescribed.
(3) Other arrangements relating to recruitment shall be as prescribed.
(4) The qualifications required for appointment to various posts in the Nepali Army shall be as prescribed. 13. Disqualification: (1) The following person shall be deemed disqualified for appointment in the Nepali Army:-
(a) A non-Nepali citizen,
(b) Convicted of a criminal offense involving moral turpitude,
(c) Dismissed from government service in a manner that disqualifies future government service,
(d) Convicted of human rights violations,
(e) Lacking the qualifications prescribed pursuant to sub-section (4) of Section 12.
(2) Nothing contained in clause (a) of sub-section (1) shall be deemed to prevent the Government of Nepal from obtaining technical and expert services from non-Nepali citizens for a short term. 14. Appointing Authority: On the recommendation of the Recruitment Committee pursuant to Section 12 of this Act, the Government of Nepal shall appoint to posts at the officer level in the Nepali Army, and the prescribed officer shall appoint to posts at other levels. 15.
Army Act, 2006

14. Appointing Authority: On the recommendation of the Recruitment Committee pursuant to Section 12 of this Act, the Government of Nepal shall appoint to posts at the officer level in the Nepali Army, and the prescribed officer shall appoint to posts at other levels. 15. Grant of Commission: Subject to the provisions mentioned in this Act and the rules made under this Act, the Minister of Defence shall grant a Commission to an officer of the Nepali Army deemed qualified. 16. Taking Oath: Every person appointed to a post in the Nepali Army shall take an oath in the format prescribed in Schedule-2. 17. Period of Service: (1) Except as mentioned in Section 11, the age limit for officers serving in the Nepali Army shall be as mentioned in Schedule-3.
(2) Subject to sub-section (1), the tenure of an officer of the Nepali Army shall be as mentioned in Schedule-4.
(3) Notwithstanding anything contained in sub-section (2), if the Chief of the Army Staff recommends to the Government of Nepal, stating reasonable grounds and reasons that the service of an officer who has served for a long period and is physically fit is necessary for the Nepali Army, the Government of Nepal may extend the tenure as per Schedule-5. 18. Removal from Service and Reduction in Rank: (1) The Government of Nepal may remove or dismiss any person serving in the Nepali Army from service.
(2) The Chief of the Army Staff may reduce to a lower pay scale, reduce in rank, or remove from service any person serving in the Nepali Army, except officers.
(3) An officer commanding a Company, Brigade, Regiment, or equivalent rank, or an officer with equivalent authority, may remove from service or reduce in rank any person under his/her command, except officers and Junior Commissioned Officers.
(4) The Commanding Officer of a Unit or Sub-Unit may remove from service or reduce in rank soldiers of the rank of Hudda and below under his/her command.
(5) While exercising the power under this section, it shall be done subject to this Act or the rules made under this Act.
(6) An opportunity of defense shall be provided while taking action under this section.
(7) After any person subject to the jurisdiction of this Act is released from duty or is about to be released, his/her Commanding Officer shall provide him/her a certificate in the prescribed format with prescribed details. 19.
Army Act, 2006

19. Prohibition on Opening, Operating, and Participating in Associations and Organizations: (1) No person subject to the jurisdiction of this Act shall do the following acts:-
(a) Open, operate, become a member of, support, or participate in programs organized by any association, organization, or body,
(b) Participate in any meeting, make a speech, or participate in a demonstration organized by any person or group for political or similar other purposes,
(c) Print any pamphlet, leaflet, or similar other types of documents.
(2) Notwithstanding anything contained in clause (a) of sub-section (1), nothing shall be deemed to prevent any person subject to the jurisdiction of this Act, with the approval of the Government of Nepal and subject to this Act, from supporting any religious, social, cultural, or recreational association, organization, or body, or participating in programs organized by such association, organization, or body. 20. Training and Instruction: (1) Any person to be included in the organization of the Nepali Army shall be given training and instruction on subjects including military education, conduct, physical exercise, human rights, and international humanitarian law.
(2) Arrangements relating to training and instruction under sub-section (1) shall be as prescribed. 21. Promotion, Leave, and Other Terms and Benefits of Service: Appointment, promotion, leave, and other terms and benefits of service in the Nepali Army shall be as prescribed. Chapter-5

Facilities and Immunities

22. Protection for Acts Done in Course of Duty: If any person subject to the jurisdiction of this Act causes death or injury to anyone through any act done in good faith in the course of performing his/her duty, no case shall be filed against such person in any court. Provided that the offences mentioned in Sections 62 and 66 shall not be deemed acts done in good faith in the course of performing duty. Explanation: For the purpose of this section, "any act done in good faith in the course of performing duty" includes acts done during internal security or self-defense, flag march, patrolling, and sentry duty, along with acts done while performing duty. 23.
Army Act, 2006

Explanation: For the purpose of this section, "any act done in good faith in the course of performing duty" includes acts done during internal security or self-defense, flag march, patrolling, and sentry duty, along with acts done while performing duty. 23. Immunity from Arrest: (1) No Chairperson or member of a Military Court, Judge Advocate, or any person connected with the proceedings of a Military Court, their legal practitioner, heir, or witness summoned to appear under a summons issued by a Military Court shall be arrested by order of any court or quasi-judicial authority while going to, attending, or returning from the Military Court.
(2) If information is received that a person has been arrested contrary to sub-section (1), the Military Court may request the relevant authority to immediately release the person so arrested.
(3) Any person subject to the jurisdiction of this Act who is on active service shall not be detained by any decision, judgment, or order of any court or quasi-judicial authority for debts owed by him/her.
(4) If information is received that a person who should not be arrested under sub-section (1) has been arrested, the other court or quasi-judicial authority shall immediately release him/her. 24. Not to be Attached or Confiscated: By a decision, judgment, or order of any court other than a Military Court or quasi-judicial authority, the weapons, clothing, military equipment, animals, vehicles, and goods including salary, allowance used by any person subject to the jurisdiction of this Act in the course of performing his/her duty shall not be wholly or partially attached or confiscated. 25. Immunities and Facilities for Reserve Force: The immunities and facilities under sub-section (3) of Section 23 and Section 24 shall also be available to a person in the Reserve Force when called for training or work by the Government of Nepal, while going, coming, or remaining on duty. 26. Priority in Legal Cases: (1) If any person serving in the Nepali Army, being a party to a case pending in any office or court, appears after obtaining leave for that purpose from the authority authorized to grant leave, and files an application attaching the letter of leave approval and details of the case requesting finalization of the case within the leave period, the relevant office or court shall also prioritize finalizing such case within the leave period.
(2) No fee shall be charged for applications submitted under sub-section (1).
(3) If the case cannot be finalized within the leave period, the office or court shall inform accordingly.
(4) If a question arises regarding the authority authorized to grant leave, the decision of the Brigade Commander, Regimental Commander, or equivalent authority shall be final. 27.