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Chapter -1 Preliminary

Chapter -1 Preliminary
1. Short title and commencement:

(1) This Act shall be called the “Army Act, 2063 (2006)”.
(2) This Act shall come into force immediately.
2. Definitions : In this Act, unless the subject or context otherwise requires:
(a) “Nepal Army” means the collective organization of the persons recruited in the Nepalese Army under this Act or any part thereof.
(b) “Force” means an organized form or group formed with a particular objective by the Government of Nepal within the Nepal Army.
(c) “Engagement in military operation” means any of the following:
(1) Working as a part of or in affiliation with the Nepal Army during engaged in an operation against an enemy,
(2) Engagement in an military operation in a territory or area controlled by an enemy in whole or in part, or working as a part of or affiliated with the Nepal Army moving towards such territory or area,
(3) Engagement as a part of or affiliation with the Nepal Army which is taken hostage by the Military of a foreign country, or
(4) Involvement in the maintenance of internal security as a part of or affiliated with the Nepal Army engaged against any individual or group who are conducting or are suspeced or conduct destructive or violent activities with or without arms.
(5) Declaration as “engagement in military operation” by the Government of Nepal in accordance with Section 135.
(d) “Chief of the Army Staff” means the Chief of the army staff of the Nepal Army appointed as referred to in Section 8.
(e) “Officer” means an officer of the Nepal Army above the rank of Junior Commissioned Officer (Padik), and this term also includes similar officers of the reserve force (Jageda Bal).
(f) “Junior Commissioned Officer” means Subedar-Major, Subedar and Jamdar, and this term also includes similar rank of the reserve forces.
(g) “Commanding Officer” means any of the following officers:
(1) the head of the Unit, Sub-unit, or (2) the officer who commands the Tukadi of the Unit or Sub-unit
during the period of deployment respectively, or (3) the Commanding Officer of any Corps (Chamu), Detachment
Department in respect to the person under Clause (b) of Sub- section (1) of Section 3 who is affiliated therein,
(4) the officer who is nominated or designated by the officer who commands the force in which the person is currently working at the time when one has no involvement elsewhere in Sub- clause (3).
(5) the officer who commands the concerned force if no officer has been designated or nominated in accordance with Sub- clause (4).
(h) “Non-commissioned Officer (Billadar)” means Corporal (Hudda), Corporal (Amaldar), Lance Sergeant (Pyuth), and this term also  includes the person of similar rank of an organized force established for a particular purpose.
(i) “Corps (Chamu)” means the separate Unit specified as a corps within the Nepal Army.
(j) “Division (Pritana)” means a separate Unit specified as a “Division” within the Nepal Army.
(k) “Brigade (Bahini)” means a separate Unit specified as a “brigade” within the Nepal Army.
(l) “Battalion (Gan)” means a separate Unit specified as “Battalion” within the Nepal Army.
(m) “Commander (Pati)” means the position from officer to non- commissioned officer.
(n) “Immediate Senior officer” means the senior officer closet in rank, and for this purpose this term also includes Junior Commissioned Officer (Padik barg) and Non-commissioned Officer (Billadar).
(o) “Offence” means the act defined as offence pursuant to Chapter-7.
(p) “Enemy” means an armed mutineer, armed person who committed treason, armed person involved in disorder or armed dacoit and any armed person who is subject to action by a person to whom this Act
is applicable.
(q) “Court Martial” means the General Court Martial, Summary General Court Martial, District Court Martial, `Summary Court Martial pursuant to Section 67 and Special Court Martial pursuant to Section 119.
(r) “Committee” means Military Welfare Fund Operation and Management Committee as referred to in Section 29.
(s) “Welfare acts” means acts of providing insurance, medical treatment, health, scholarship, residence, operating canteens for the welfare of incumbent (serving) and ex-military (retired) personnel and their families, and this term also includes establishing schools and universities and operating them.
(t) “Welfare planning” means income generating acts which support welfare acts and this term also includes infrastructure and service oriented projects, financial institutions and providing loans or investing shares as prescribed in the industrial profession.
Provided that, such an investment shall not be made as a promoter (Prabardhak).
(u) “Income generating acts” means acts of generating income for the purpose of supporting the welfare acts by investing in an institution after obtaining permission in accordance with prevailing law.
(v) “Chief of Military Police” shall means the Chief of Military Police appointed pursuant to Section 78 and this term also includes a person who exercise power, under his/her supervision, in accordance with
law on his/her behalf.
(w) “Judge Advocate General Department (Prad Viwak)” means the person who is represents the Court Martial as the Judge Advocate General pursuant to Section 81.
(x) “Other court” means other courts constituted in accordance with prevailing laws except the Court Martial.
(y) “Departmental action” means the departmental action to be imposed pursuant to Section 105.
(z) “Prison” means a prison in accordance with prevailing laws relating prison and this term also includes a military prison pursuant to Section 136.
(aa) “Order” means an order issued by an authorized officer pursuant to this Act and Rules framed thereunder.
(bb) “Prescribed” or “as prescribed” means prescribed or as prescribed pursuant to this Act and Rules framed thereunder.
3. Persons under the jurisdiction of this Act:

(1) The following persons shall be under the jurisdiction of this Act:
(a) Persons recruited in the Nepal Army under this Act;
(b) Other persons assigned for some acts, or persons in the service of the Nepal Army staying in a camp or in a
march for military operation, or staying in an area  declared by the Government of Nepal as a military
operation zone; or civilian persons who assist the works of Nepal Army,
(c) Persons selected for recruitment in the Nepal Army.
(2) A person pursuant to Clause (b) of Sub-section (1) shall be considered to have been under the command of the commanding officer of his/her department, formation or unit.
(3) If a person pursuant to Clause (b) of Sub-section (1) is not engaged under the command of a commanding officer of any department, formation or unit, he/she shall fall under the command of an officer who is
designated or nominated by the commanding officer of the force in which he/she is currently engaged for the time being, or of a commanding officer of the concerned force if such officer is not designated or nominated.
(4) The commanding officer shall not depute a person pursuant to Clause (b) of Sub-section (1) under the command of a junior officer in a circumstance where the senior officer is available.
(5) If the person pursuant to Clause (b) of Sub-section (1) commits an offence outside the territory of Nepal, the jurisdiction of this Act shall prevail.
(6) An offence committed by the person pursuant to Clause (b) of Sub-section (1) against the citizen of a country in which he/she has been deployed in a peacekeeping mission of the United Nations shall fall under the jurisdiction of other courts.

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