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Chapter-4 Appointment and Terms and Conditions of Service

Chapter-4 Appointment and Terms and Conditions of Service
12. Appointment and fulfillment of vacancy:

(1) A Recruitment Committee presided by the Chairperson of the Public Service Commission or a member of the Commission as designated by the Public Service Commission to recommend the officer level vacant post; and including a representative nominated by the Public Service Commission as a member to recommend for the vacant posts lower than officer rank of the Nepal Army, shall be formed as prescribed.
Provided that, no provision of this Section shall bar for taking examinations other than those examinations under the supervision of a representative nominated by the Chairperson of the Public Service Commission after completion of written examination conducted by the Committee as referred to in Sub-section (1)
(2) Other functions, duties and powers of the Recruitment Committee formed pursuant to Sub-section (2) shall be as prescribed.
(3) Other arrangements regarding the recruitment shall be as prescribed.
(4) The qualifications required for the appointment to different posts (rank) of the Nepal Army shall be as prescribed.

13. Ineligibility (Disqualifications):

(1) The following persons shall be deemed ineligible for appointment to the posts of the Nepal Army:
(a) Who is not a citizen of Nepal,
(b) Who is convicted by a court of a criminal offence involving moral turpitude,
(c) Who is removed from the service for being disqualified for government service in the future,
(d) Who is convicted in an offence of violating human rights,
(e) Who does not have the qualifications as referred to in Sub-section (4) of Section 12.
(2) Nothing contained in Clause (a) of Sub-section (1) shall be deemed to have prevented the Government of Nepal from receiving technical and expert services from non-Nepalese citizens for a short term.

14. Appointing Authority : Government of Nepal shall, on the recommendation of the Recruitment Committee pursuant to Section 12, appoint in the Officer level ranks and the prescribed official shall appoint in
other levels.

15. Commission : The Minister for Defence shall, subject to the provisions of this Act and the Rules framed thereunder, Commission the qualified officer of the Nepal Army.

16. Oath : A person appointed to a post of the Nepal Army shall take an oath as referred to in Schedule-2.

17. Tenure of office : (1) Except otherwise provided in Section 11, the age bar of officers of the Nepal Army shall be as referred to in Schedule-3.
(2) The tenure of office of the officers of the Nepal Army shall be as referred to in Schedule-4 subject to the provision of Sub-section (1).
(3) Notwithstanding anything contained in Sub-section (2), the Government of Nepal may extend the tenure of office of the officers as referred to in Schedule-5, on the recommendation of the Chief of Army Staff, for being his/her service necessary along with the reasonable grounds and reasons that an officer is physically capable (fit) even after contributing a long service to the Nepal Army.

18. Removing from the service and demotion from the rank :

(1) Government of Nepal may remove or dismiss a person serving in the Nepal Army from the service.
(2) The Commander-in-Chief may demote to a lower grade or rank or remove from the service to a person serving in Nepal Army other than an officer.
(3) The Commander of Corps (Chamu), Division (Pritana) or Brigade (Bahini) or a commander of an equivalent rank or an officer vested with equivalent authority may remove from service and demote to a lower
rank to a person under his/her command except to an officer or junior commissioned officer.
(4) The commanding officer of a Unit or Sub-unit may remove from service or demote to the lower rank to a Sergeant (Hudda) and other personnel of lower rank who are under his/her command.
(5) The powers conferred by this Section shall be exercised subject to this Act or the Rules framed thereunder.
(6) While taking action in accordance with this Section, an opportunity shall be provided for the defense.
(7) The commanding officer shall provide a certificate which includes the details as prescribed, if a person who falls under the jurisdiction of this Act and is removed or is to be removed from the service.

19. Restriction on establishing and operating organization or association :

(1) A person who falls under the jurisdiction of this Act shall not do the following acts:
(a) To establish, operate, accept membership or assist to a union, association or organization, or participate in a
programme organized by such union, association or organization.
(b) To participate or deliver speech to any assembly or to participate in any demonstration organized by any
person or groups for a political or other similar  purpose.
(c) To publish a leaflet, pamphlet or similar documents.
(2) Notwithstanding anything contained in Clause (a) of Sub-section (1), nothing shall be deemed to prevent a person who falls under the jurisdiction of this Act from assisting a religious, social, cultural and
entertainment union, association or organization or participating in a programme of such union, association or organization upon receiving an approval of the Government of Nepal and subject to the provision of this
Act.
20. Training and Induction: (1) A person to be included in the organization of the Nepal Army shall be provided trainings and inductions on topics including military education, ethics, physical exercise, human rights and
international humanitarian law.
(2) The arrangements of trainings and inductions pursuant to Sub- section (1) shall be as prescribed.

21. Promotion, leave and other terms and conditions of services : The appointment, promotion, leave and other terms and conditions of service and facilities of the Nepal Army shall be as prescribed.

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