Xxxxxxx | Section 5 | Army Act, 2063 (2006

Army Act, 2063 (2006

Section 5

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Repealed by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.

Army Act, 2063 (2006

Chapter - 1

Section 1: Short Title And Commencement Section 2: Definitions Section 3: Persons Under The Jurisdiction Of This Act

Chapter - 2

Section 4: Establishment And Arrangement Of The Nepal Army Section 5: Xxxxxxx Section 6: National Defence Council Section 7: Organizational Structure

Chapter - 3

Section 8: Chief Of Army Staff Section 9: Accountability To The Government Of Nepal Section 10: Functions, Duties And Powers Of The Chief Of Army Staff Section 11: Age Bar And Tenure Of Office

Chapter - 4

Section 12: Appointment And Fulfillment Of Vacancy Section 13: Ineligibility (disqualifications)Section 14: Appointing Authority Section 15: Commission Section 16: Oath Section 17: Tenure Of Office Section 18: Removing From The Service And Demotion From The Rank Section 19: Restriction On Establishing And Operating Organization Orassociation Section 20: Training And Induction Section 21: Promotion, Leave And Other Terms And Conditions Of Services

Chapter - 5

Section 22: Protecting The Acts Performed During The Discharge Of Duties Section 23: Immunity From Arrest Section 24: Not To Freeze Or Forfeit Section 25: Immunity And Privilege Of The Reserve Force Section 26: Priority In The Cases Section 27: Complaint Regarding Any Sufferings Or Injustice Section 28: No Effect On Facilities Entitled In Accordance With Existing Laws

Chapter - 6

Section 29: Establishment And Operation Of Welfare Fund Section 30: Patron Of The Welfare Fund Section 31: Functions, Duties And Powers Of The Committee Section 32: Account Of Fund And Audit Section 33: Submission Of Annual Report Section 34: Delegation Of Powers Section 35: Situations For Depriving From Facilities And Concessions Section 36: Other Arrangements

Chapter - 7

Section 37: To Be Deemed To Have Committed An Offence Section 38: Enemy Related Offences Section 39: Mutiny Section 40: Enemy-related Other Offences Section 41: Offences Against Military Operation Section 42: Desertion-related Offences Section 43: Offence Of Allowing Someone In Custody To Escape Section 44: Offence Relating To Assault Or Intimidation Section 45: Defiance Related Offence Section 46: Offences Related To Loss Or Damage To Property Section 47: Offences Relating To Forgery Or Falsifying Particulars Section 48: Offence Related To Obstruction Or Use Of Criminal Force Section 49: Offence Against Property Section 50: Offences Regarding Cheating Or Coercion Section 51: Offences Of Desertion With Arms And Other Things Or Their Misuse Section 52: Offence Against Discipline And Code Of Conduct Section 53: Offences Related To Certification Of Incomplete Document Section 54: Offence Related To False Statements Or Details Section 55: Offence Of Taking Appointment By Means Of Lying Section 56: Offence Of Escaping From Custody Section 57: Offences Of False Allegation Section 58: Offences Of Absence Without Leave Section 59: Offences Related To Court Martial Section 60: Offence Of Freezing Salary Illegally Section 61: Offence Related To Irregular (illegal) Arrest Or Detention Section 62: Special Provisions Relating To Offences Of Corruption, Theft, Tortureand Disappearance Section 63: Miscellaneous Offences Section 64: Attempt Section 65: Inducement Section 66: Offences Under Other Laws

Chapter - 8

Section 67: Formation Of Court Martial Section 68: Jurisdiction Of Court Martial Section 69: Decision To Proceed A Case In Court Martial Or Other Court Section 70: Save From Double Jeopardy Section 71: Limitation To File A Case Section 72: Liable To Prosecution Section 73: Authority To Convene Court Martial

Chapter - 9

Section 74: To Hold In Military Custody Section 75: Responsibility Of The Commanding Officer During Custody Section 76: Request To Arrest Section 77: Inquiry As To Absence Without Leave Section 78: Chief Of Military Police

Chapter - 10

Section 79: Duty Station And Bench Of Court Martial Section 80: Chairperson Of Court Martial Section 81: Presence Of Judge Advocate General (prad Viwak)Section 82: Objection May Be Raised Section 83: Oath Section 84: Procedures For Decision Making Section 85: Taking Judicial Notice Section 86: Summoning Section 87: Sealed Questionnaire (banda Sawal)Section 88: Presumption Of Signature Section 89: Documents Admissible As An Evidence Section 90: Requesting Information From Governmental Authorities Section 91: Previous Penalty And Character As An Evidence Section 92: Provisions Of Evidence Act, 2031 (1974) To Be Applicable Section 93: Defence Of Mentally Abnormal Accused Section 94: Trial Of A Mentally Abnormal Accused Section 95: A Mentally Abnormal Accused May Be Released Section 96: A Mentally Abnormal Accused May Be Handed Over To Thesuccessor Or Guardian Section 97: Auction And Management Of Materials Relevant To An Offence Section 98: Recognitions Of The Actions Of Court Martial Section 99: Postponement And Dissolution Of Court Martial Section 100: Forwarding Files

Chapter - 11

Section 101: Penalties Which May Be Imposed By Court Martial Section 102: Addition Or Reduction Of Penalty Section 103: A Person Accused Of An Offence May Be Convicted Of Otheroffences Section 104: Battlefield Penalty Section 105: Departmental Action Section 106: Limit On Departmental Action Section 107: Collective Fine

Chapter - 12

Section 108: Approval Of The Decision Of Penalty Of General Court Martial Section 109: Approval Of The Decision Or Penalty Of Summary General Courtmartial Section 110: Approval Of The Decision Of The District Court Martial Section 111: Procedures Applicable In The Approval Of A Case Section 112: Conditions May Be Laid Down Section 113: Reduction Of Penalty Section 114: Rehearing (revision) Of Decision Or Penalty Section 115: Decision Or Penalty Of Summary Court Martial Section 116: Alteration Of Decision Or Penalties Section 117: Non-recognition Of Decision Or Approval Section 118: Reviewing Order Of Departmental Action Section 119: Appeal Against The Decision Or Order Of Court Martial

Chapter - 13

Section 120: Calculation Of The Period Of Imprisonment Section 121: Executing The Penalty Of Imprisonment Section 122: Period To Be Considered As Prisoner Of War Section 123: Reduction In Salaries And Allowances Section 124: Calculation Of Period Of Absence Without Leave Or Custody Section 125: Salary And Allowances During Trial Section 126: Limits Of Reduction Section 127: Reduction From Amounts Other Than Provident Fund And Pension Section 128: Reimbursement As If The Governmental Dues Section 129: Salary And Allowances Of A Person Of War During The Inquiry Onconduct Section 130: Reductions May Be Exempted Section 131: Arrangement For The Dependants Of Prisoners Of War From Themoney So Exempted Section 132: Execution Of Penalties During The Stay Outside Of Nepal

Chapter - 14

Section 133: Control And Responsibility On Arms, Ammunition And Military Equipment Section 134: Salary And Benefits To The Chief Of Army Staff Section 135: Declaration Of Engaged In Military Operation Section 136: Military Prison Section 137: Applicability Of This Act To Any Other Force Section 138: Officer Who Exercises Powers In A Special Circumstance Section 139: Classification And Inclusion Section 140: Commission Of Inquiry May Be Formed Section 141: Delegation Of Authority Section 142: Instruction May Be Issued Section 143: Powers To Frame Rules Section 144: Repeal And Saving Section 145: Modifications

Schedule - 1

अनुसूची 1:

Schedule - 2

अनुसूची 2:

Schedule - 3

अनुसूची 3:

Schedule - 4

अनुसूची 4:

Schedule - 5

अनुसूची 5:

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