(1) Notwithstanding anything written in paragraph-8 and this paragraph, if a person of the following ranks within the jurisdiction of this Act commits an offense under this Act, the following officer may order departmental punishment as follows without summoning him to a military court after considering the seriousness of the offense:-
(a) The commanding officer or similar commander or any other officer designated by the Commander-in-Chief with the approval of the Government of Nepal may order any one or more of the following departmental punishments to persons of other ranks except officers and rank-and-file:-
(1) Military detention for thirty days,
(2) detention for thirty days,
(3) Detention in line for thirty days,
(4) To place additional guards or on duty,
(5) To withdraw from the work being done or to remove from the status that is being maintained,
(6) Withholding or deducting salary and allowances due to good service, conduct or merit,
(7) Giving advice,
(8) Penalty of salary up to fourteen days in a month,
(9) To withhold or deduct salary until compensation is made,
(10) To punish the battlefield for thirty days while engaged in military operations,
(11) Battlefield Punishment.
(b) The husband of a lieutenant colonel, warden or equivalent or any other officer appointed by the Commander-in-Chief with the approval of the Government of Nepal may order any one or more of the following departmental punishments to an officer or officer of lower rank than a soldier:-
(1) Giving advice,
(2) To warn,
(3) Withholding salary allowance until compensation is made,
(4) Withholding promotion for one year,
(5) Deduction of seniority by one year.
(c) An officer of the above or equivalent rank or any other officer appointed by the Commander-in-Chief with the approval of the Government of Nepal may order any one or more of the following departmental punishments to the chief soldier and officers and officers of a lower rank than that:-
(1) Giving advice,
(2) To warn,
(3) Withholding salary allowance until compensation is made,
(4) Withholding promotion for one year,
(5) Deduction of seniority by one year.
(d) With the approval of the Government of NepalThe Commander-in-Chief or any other officer designated by the Commanding Officer may take action against a rank-and-file soldier accused of an offense under this Act in the prescribed manner, and if he is found to have committed an offense, he may withhold his pay and allowance until compensation is paid.
(2) Before the order of departmental punishment is given in accordance with sub-section (1), if the accused concerned so desires, he shall not be deprived of the right to apply for the preliminary trial of such offense by the military court.