(1) Any judge under Clause (d) of Article 131, Clause (d) of Sub-section (1) of Article 142 or Clause (d) of Sub-section (6) of Article 149 of the Constitution. The Judicial Council shall send a written notice to the Medical Board constituted by the Government of Nepal to confirm that the person is not unable to perform duties while in service due to physical or mental illness. If it is recommended that he is unable to perform his duties due to any reason, such judge shall be considered physically or mentally unable to perform his duties. It shall be considered that he is mentally unable to perform his duties.

(4) According to sub-section (2), the Judicial Council shall recommend to the Chief Justice that a judge who is physically or mentally unable to perform his duties be dismissed.