Bill to replace military acts tabled in House

The government produced in the House of Representatives a bill to replace the Military Act 2016 BS, the Military Power Conferring Act 2015 BS and The Power, Duty, Authority and Service Condition of the CoAS Act 2026 BS. Once passed by the House, the bill would become the Military Act 2006.

The bill proposes stripping the King of his post of the commander-in-chief of the army and allowing the Chief of Army Staffs (CoAS) to take up the post.

According to the proposed Act, the army will be controlled by the government and mobilised on the recommendation of the Defence Council headed by the prime minister. The defence, home, finance and foreign affairs ministers will be the ex-officio members of the council. Currently, the prime minister, defence minister and the CoAS are the ex-officio members as per Article 118 of the 1990 Constitution. The bill also states that the Defence Council can now invite other ministers, the CoAS, the chief secretary, chiefs of security agencies or security experts in the council’s meetings. The bill also proposes that the CoAS would retire once he attains the age of 61 years.

The Defence Council will formulate policies and programmes regarding the mobilisation and control of the Nepal Army, fix its strength and organisational structure and decide on the management of arms and ammunition.

According to the bill, the prime minister would swear in the CoAS, who will be responsible to the government. Other army officers would be appointed only after a recommendation by a panel headed by the chairman of the Pubic Service Commission or its members.

The bill also proposes promotion of army officers to the post of commissioners. The defence minister would decide on those promotions. According to the bill, the government can dismiss any army officer, while the CoAS can dismiss any non-gazetted officer or demote him/her.

The Act will, however, bar army men from joining political parties, participating in any political conference, giving speeches and publishing pamphlets. Army personnel killing anyone while performing their duty or defending themselves will not be tried in any court, according to the proposed Act. The bill also proposes that a civilian court or any quasi-judicial body cannot detain army personnel during the period of their trial in a military court. Clause 28 of the proposed Act authorises the army to set up an Army Welfare Fund where every personnel must deposit 15 per cent of their salary. Army personnel can be jailed for up to 14 years and their property forfeited if found guilty of crime.