Chapter-2 Establishment and Arrangement of Nepal Army
4. Establishment and arrangement of the Nepal Army :
(1) The Nepal Army shall be established for the protection and Defence of the independence, sovereignty, territorial integrity and national unity of the state of Nepal.
(2) The Nepal Army at the time of commencement of this Act shall be deemed to have been established in accordance with this Act.
(3) The arrangement of the Nepal Army shall be regulated in accordance with this Act and the Rules framed thereunder and other matters shall be dealt with in accordance with the instructions issued by the
Government of Nepal.
Repealed by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.
6. National Defence Council: (1) 3 …………
(2) 4 ……………….
(3) In addition to the functions 5 as referred to in the Interim Constitution of Nepal, 2063 (2007), the functions, duties and powers of the National Defence Council shall be as follows:
(a) To make policies, plans and programmes relating to 6 mobilization, operation and use of the Nepal Army
and submit the same to the Government of Nepal,
(b) To submit recommendations relating to the number and organizational structure of the Nepal Army,
(c) To make necessary advice to the Government of Nepal relating to the management of the Nepal Army,
(d) To submit necessary advice to the Government of Nepal relating to the management of arms, weapons
and other military equipment of the Nepal Army,
(e) To perform other acts as prescribed.
(4) The Secretary at the Ministry of Defence shall perform as the Secretary of the National Defence Council. In his/her absence, an officer as designated by the Prime Minister shall perform this function.
(5) There shall be a Secretariat within the Ministry of Defence to carry out the acts and proceedings of the National Defence Council. Other arrangements of the Secretariat shall be as prescribed.
(6) The procedures of the meetings of the National Defence Council shall be as determined by the National Defence Council itself.
7. Organizational Structure : (1) The composition of the Nepal Army shall be inclusive and it shall have national characters.
(2) The Government of Nepal shall make necessary policies, plans and programmes for the implementation of the provisions of Sub-section (1).
(3) The organizational structure and number of positions in the Nepalese Army shall be as determined by the Government of Nepal.
Provided that, there shall be only one position of General (Maharathi) and the same General (Maharathi) shall be appointed for the post of the Chief of Army Staff.
(4) In the organization of the Nepal Army there shall be a Chief of Army Staff and other positions as referred to in Schedule-1.