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13. Deemed to be incompetent to perform the duty

13. Deemed to be incompetent to perform the duty:

(1) The Judicial Council shall write to the Medical Board constituted by Government of Nepal to
make assure that whether any Judge is unable to perform his/her duty due to physical or mental illness pursuant to Part (D) of Article 131, Part (D) of Sub-Article (1) of Article 142 or Part (D) of Sub-Article (6) of Article 149 or
not.
(2) If the Medical Board makes recommendation, in the situation of writing in accordance with Sub-Section (1), stating that any Judge is unfit to perform the duty due to physical or mental illness, that Judge shall be deemed to have been unfit to perform the duty due to physical or mental illness.
(3) In any judge refuses to check his/her physical or mental position in accordance with this Section, he/she shall be deemed to have been unfit to perform the duty due to physical or mental illness.
(4) The Judicial Council shall make recommendation to the Chief Justice to terminate the Judge from the post, who has been found to be unfit to perform own duty due to physical or mental illness in accordance with Sub-Section
(2). Provided however that Part (D) of Article 131 shall be applied with regard to the Justice of Supreme Court

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