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Decree-Law No. 31 of 2006 Promulgating the Military Service Law
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Decree-Law No. 31 of 2006 Promulgating the Military Service Law
Law Summary Record
Type:
Decree
Number:
31
Date:
22/08/2006 Corresponding to 28/07/1427 Hijri
Number of Articles:
131
Status:
In force
Official Gazette :
Issue:
9
Offcial Journal Issue
Publication Date:
10/10/2006 Corresponding to 18/09/1427 Hijri
Page from:
522
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Articles
1 Article
In the application of the provisions of this Law, the following words and expressions shall have the meanings assigned to each, unless the context requires otherwise:
1- “Military Authorities”
means the Ministry of Defense, the Ministry of Interior, the State Security Service, the Military Intelligence Service, the Internal Security Force, and any security service or military service, as the case may.
2- “Ministry”
means the Ministry of Defense or Ministry of Interior, as the case may be.
3- “Service”
means the State Security Service, the Military Intelligence Service or any other military service, as the case may be.
4- “Force”
Means the Internal Security Force or any other security or military force, as the case may be.
5- “Competent Authority”
means the Minister of Defense, the Minister of Interior, the Head of the State Security Service, the Head of the Military Intelligence Service, the head of any other military service, the Commander of the Internal Security Force, or any other military force, as the case may be.
6- “Military Person”
means any person holding a military rank according to the provisions of this Law.
7- “Officer”
means any person holding the rank of lieutenant or higher.
8- “Non-commissioned Ranks”
means the military ranks other than the commissioned officers.
9- “Officer Candidate”
means any person chosen by military authorities for qualification as a military service officer, as the case may be.
10- “Martyr”
means any person who dies during or due to military operations in the following cases:
a. Aircraft and shipping accidents
b. Air drop accidents
c. Accidents arising out of clashes with outlaws
d. Military training
e. Any other cases as may be determined by the competent authority
11- “Captive”
means a military person detained by the enemy and proven to be alive.
12- “Lost”
means a military person about whom a final judgment or a resolution from the competent authority considering him lost is passed.
13- “Basic Salary”
means a military person’s monthly salary in addition to the increment due according to
Tables 1
and
2
enclosed herewith.
14- “Salary”
means the basic salary in addition to the additional bonuses and allowances awarded by virtue of this Law and the resolutions executing it.
15- “Statutory Retirement”
means a military person's attainment of the maximum age atwhich his rank may be maintained according to this Law.
16- “Pension”
means the monthly amount due to a retired military person or his beneficiaries according to the provisions of the Law of Pensions and Retirement Remunerations for Military personnel.
17- “Period of Service”
means the period of service spent at a military authority.
18- “Actual Service”
means the period of service spent at a military authority or any other authority which this Law includes in counting the actual service period.
19- “Post-Retirement Employment”
means keeping a military person in service after the attainment of the statutory retirement age.
20- “General Service Committee”
means the General Committee of Military Service Affairs at the Ministry, Service or Force, as the case may be.
21- “Military Medical Committee”
means the medical committee at the Ministry of Defense, the Ministry of Interior or any other military medical committee, as the case may be.
22- “General Medical Committee”
means the medical committee at the National Health Authority.
.
2 Article
The provisions of this Law shall apply to the military personnel at the Ministry of Defense, Ministry of Interior, the State Security Service, the Military Intelligence Service, the Internal Security Force, or any other military or security service or force
3 Article
- Amended
1. Civil servants and workers shall be employed at military authorities by a resolution of the competent authority which shall, subject to the necessary approval, determine their occupational grades, basic salaries, bonuses, allowances and leave according to the provisions of the
Human Resources Management Law
referred to herein and
Table No. 1
enclosed therewith.
The provisions of
Law No. 24 of 2002
on retirement and pensions shall apply to Qataris who are among those civil servants and workers employed at military authorities. Such personnel shall be subject to the rules regulating the procedures and penalties relating to military discipline according to the resolutions passed by the competent authority.
The competent authority shall be competent to apply the provisions of the Human Resources Management Law to civil servants and workers employed at military authorities in those cases not provided for under this Law.
4 Article
Save as otherwise stipulated in the provisions of this law and its executive regulation, theguards, facility guards and professional soldiers shall be employed at military authorities by a resolution of the competent authority which shall determine their basic salaries, allowances, bonuses, duties, training, uniforms and insignias, as well as the rules for the carrying and discharge of weapons.
5 Article
The executive bylaw hereof shall lay down the conditions and criteria for the selection of officer candidates, their emoluments and training periods, and the military systems to which they shall be subject.
6 Article
7 Article
The competent authority shall pass a resolution defining and regulating the following:
Military and specialist titles and the manner of reference after military ranks.
Military rank types, insignias, uniforms and symbols for both commissioned and non-commissioned officers, and how they shall be worn.
8 Article
Ranks shall be created and an employment quota determined according to the organizational structure created by each of the military authorities. Enforcement thereof, however, shall be subject to the Emir's approval.
9 Article
Jobs at military authorities shall be by appointment subject to the employment quota of the rank vacancies determined in the organizational structure and manpower plans developed by those authorities as approved by the competent authority.
10 Article
Commissioned ranks shall be conferred by an Emiri resolution upon the competent authority's recommendation. Non-commissioned ranks shall be conferred by a resolution of the competent authority or its delegate.
11 Article
Any person appointed as an officer shall:
Be a Qatari national.
Be at least twenty years old.
Be of good character and conduct.
Not have been convicted of a felony or crime involving a breach of honour or public trust, unless he has been rehabilitated.
Not have been dismissed from public service by a final judgment or disciplinary decision due to serious dereliction of duty.
Be declared medically fit for service at the relevant military authority by the military medical committee, subject to the rules and levels of medical fitness for military service.
Have passed the matriculation exam and interview.
Not belong to any political organization.
Have graduated from a recognized military college or institute which requires for enrolment therein the completion of secondary school or its equivalent.
12 Article
1. Graduates of civil colleges and institutes may be appointed as specialist officers in the military according to the rules established by a resolution of the competent authority upon the General Service Committee's recommendation.
Senior Warrant Officers having a secondary school certificate or its equivalent may be appointed as lieutenants by an Emiri resolution upon the competent authority's recommendation.
A non-commissioned officer may be appointed as a lieutenant by an Emiri resolution where he obtains a university degree in his field of specialization.
The competent authority shall draw up the rules for the required military tests and courses, subject to the provisions of the two preceding paragraphs.
13 Article
Any person appointed as a non-commissioned officer shall:
Be a Qatari national.
Be not younger than eighteen and not older than thirty-five.
Be of good character and conduct.
Not have been convicted of a felony or crime involving a breach of honour or public trust, unless he has been rehabilitated.
Not have been dismissed from public service by a final judgment or disciplinary decision due to serious dereliction of duty.
Be declared medically fit for service at the relevant military authority by the military medical committee, subject to the rules and levels of medical fitness for military service.
Have passed the matriculation exam and interview.
Have obtained the qualifications required for the rank to which he is appointed according to the provisions of the internal regulations of the competent authority.
Not belong to any political organization.
Graduates of military or civil colleges and institutes may be appointed as non-commissioned officers according to the provisions of the internal regulations of the competent authority.
14 Article
1. Officers graduated from military colleges and institutes shall initially be appointed as lieutenants and receive the first basic salary rate of this rank. Non-commissioned officers shall be appointed as privates or policemen or soldiers and receive the first basic salary rate of this rank.
A candidate may initially be appointed to a rank higher than lieutenant where he obtained a university qualification or degree higher than a graduate degree or to a rank higher than a private, policeman or soldier where he obtained an intermediate diploma or secondary school certificate.
15 Article
1. An officer appointed as a lieutenant shall spend a year on probation, during which his service may be terminated where it is proven that he is unfit to carry out the functions of his job. Subject to the approval of the competent authority, the probationary period may be extended for a further year.
A non-commissioned officer shall spend a year on probation as of his appointment date, during which he shall attend a military foundation course according to the training systems of the relevant military authority. Where his work is unsatisfactory during this period, or he fails to pass the course successfully, his service shall be terminated.
Such officer or non-commissioned officer shall be installed in the rank to which he is appointed after passing the probationary period successfully. His service shall be counted from his appointment date.
16 Article
The competent authority shall draw up the rules and conditions for the appointment of non-Qataris as military personnel at military authorities for a temporary period by delegation, secondment from other states, or engagement. The provisions contained herein shall apply to non-Qataris in the situations not provided for under the agreements concluded with their states or the contracts concluded with them
17 Article
Except where service is terminated by a disciplinary decision or final court judgment for the commission of a crime involving a breach of honour or public trust, a military person may, if so required by the public interest, be returned to military service five years after the date of on which his service ended, in which case he shall be given such rank and seniority provided for under Article
31
hereof. The previous service period shall be combined with the subsequent service period according to the provisions contained herein.
18 Article
1. Upon a first-time appointment and before the commencement of work, a military person shall swear the following oath:
"I swear by Allah, the Almighty, to be loyal to the State of Qatar and its Emir, respect the constitution and laws, defend this homeland, maintain its integrity, do my duties honourably and honestly, and obey all orders given to me by my superiors. God is witness to all I said."
The competent authority shall determine the manner and ceremony for swearing the oath and the authority before which it is sworn.
19 Article
1. The basic salaries and annual increments of military personnel shall be determined according to Tables
1
and
2
enclosed herewith. Entitlement to the basic salary for a rank shall arise from the date of commencement or the date of promotion to the next rank.
By virtue of an Emiri resolution, upon the military authorities' recommendation, the basic salaries of military personnel set out in
tables
referred to above shall be amended.
20 Article
1. A military person shall be given an annual increment according to the classes determined for each rank in the
tables
referred to above until his salary reaches the maximum rank rate. The increment shall be deserved one year after his appointment date or the due date of the previous increment. The promotion increment shall not change the periodical increment date. Where both increments fall due at the same time, both shall be deserved.
In case of promotion, a military person shall deserve the minimum salary allocated to the rank to which he is promoted or the last salary he earns in addition to one of the new rank increments, whichever is greater as of the effective date of his promotion.
Where two years elapse after the military person's basic salary reaches the maximum rank rate without promotion, he may, subject to the competent authority's approval, be given the basic salary or promotion increment for the next rank, whichever is greater as of the approval date until his promotion. His salary shall be raised on an annual basis by the periodical increment whenever it falls due, provided that a maximum of two periodical increments shall not be exceeded.
21 Article
A military person shall be entitled to the following bonuses and allowances:
Social allowance.
Housing allowance.
Transfer allowance.
Any other bonuses or allowances determined by the competent authority.
The executive regulation hereof shall determine the classes, amounts and entitlement conditions of the social, housing and transfer allowances. The competent authority shall determine the types, classes, amounts and entitlement conditions of other allowances and bonuses.
22 Article
An officer as well as his family members shall be given a cash allowance for flight tickets subject to the rules and conditions to be drawn up by the executive law hereof.
23 Article
No deductions from the salary due to a military person may be made, nor may he be deprived thereof except for the enforcement of a final court judgment or a punitive or disciplinary decision. Priority shall be given to deductions made to pay alimony.
24 Article
Periodical increments may not be delayed or denied except for the enforcement of a punitive sanction which leads to forfeiture thereof during the deprivation period, without prejudice to the due date of the next increment.
25 Article
The salary of a lost or captured military person shall continue to be paid from the date of such loss or capture until his return to the homeland or until his service is terminated on the basis of conclusive evidence or a presumption of death. His family shall receive the said salary and any other rights according to the provisions contained herein.
26 Article
1. A military person shall be suspended from work during the period of his preventive detention pursuant to the enforcement of a law, a court judgment or a resolution of a disciplinary board. Such suspension from work shall result in the suspension of his salary.
Where a military person is accused of a felony, the competent authority may suspend him from work until the case is finalized.
As an exception to the foregoing, a military person's basic salary and social allowance shall continue to be paid to his wife and dependents, including his children and parents. Such payments shall be stopped when his military service is terminated. His family shall be exempted from refunding the salaries paid during the suspension period.
Where a judgment is delivered or the military person returns to his work, whichever is sooner, the matter shall be referred to the competent investigative authority which shall submit its recommendations to the competent authority for a decision on his disciplinary responsibility according to the provisions contained herein. Where it is proven that he is innocent or bears no disciplinary responsibility, the salary or the suspended portion thereof shall be paid. The detention period shall not be counted where he is convicted by a final court judgment within his actual military service period.
27 Article
The seniority of a military person's rank shall be taken into consideration from the date of his appointment or promotion to it.
28 Article
1. The seniority of lieutenants graduated from military colleges and institutes shall be ordered according to their results on the date of their graduation.
Where the dates of graduation or the periods of study differ, the rules of seniority of the same group of officers shall be determined by a resolution of the competent authority
29 Article
Where more than one military person is promoted to the same rank, their seniority shall be determined according to their previous rank. Where the previous ranks are the same, seniority shall be based on the date of appointment to such rank.
30 Article
1. Where a military person is demoted, his seniority shall be based on the level of his seniority at the rank to which he is demoted. Where he has no previous service, he shall be deemed to have a seniority of two years.
Unless the demotion decision provides otherwise, where a demoted military person is a commissioned officer, he may not be promoted before the lapse of one year after his demotion. Where he is a non-commissioned officer, he may not be promoted before the lapse of six months.
A demoted military person shall receive the salary corresponding to the rank to which he is demoted.
31 Article
The seniority of a military person returned to service shall be as follows:
Where he is an officer whose service ended with resignation, he shall be given his military rank and minimum basic salary rate. His seniority shall be considered from the date of his return to service.
Where he left service in cases other than those provided for under
Article 113
(4), (5), (6) and (8) of this Law, he shall be given his seniority and basic salary at the time he left service, provided that the period of leaving service shall not exceed
The provisions of Article 31 are incomplete in the paper reference.
32 Article
There is no Article 32 in the paper reference.
33 Article
1. Where a military person exceeds double the minimum period required for promotion, he shall be promoted to the next rank and kept in service, held in reserve, or forced into retirement according to the provisions contained herein.
However, a military person may be promoted to the next rank where he completes the minimum period required for promotion at the issue date of his service termination or retirement decision.
The provisions of Article 33 are incomplete in the paper reference.
34 Article
As an exception to the conditions for promotionset out hereunder, a military person may be promoted where he performs heroic acts or provides meritorious service entitling him to promotion, or where required by the public interest.
35 Article
Subject to the provisions of Articles
31
,
32
and
33
hereof, nomination, delay and deprivation of promotion shall be regulated by the rules and conditions drawn up in a resolution by the competent authority.
36 Article
In case of war and general mobilization, it shall be permissible to ignore the rules, conditions and executive decisions for promotion set out hereunder.
37 Article
Where a non-commissioned officer obtains a diploma which is higher than his educational level, he may be appointed to the rank commensurate with his qualification. His seniority shall be determined as if he was appointed directly to this rank, subject to the conditions and criteria established by a resolution of
the competent authority.
38 Article
A committee called the General Committee for Military Service Affairs (hereinafter “the General Service Committee”) shall be created at each of the military authorities. It shall be established, its members appointed, and its modus operandi determined by a resolution of the competent authority.
39 Article
Without prejudice to its other competencies set forth hereunder, the General Service Committee shall be competent to:
Suggest the appointment of commissioned and non-commissioned officers at the relevant military authority.
Express an opinion on the following:
Determination of seniority.
End of service.
Promotions up to the rank of Brigadier-General.
Approval of adequacy reporting.
Transfer, delegation and secondment.
Holding in reserve.
Forcing into retirement.
Post-retirement employment.
Return to service.
Nomination of officers to posts inside the relevant military authority.
Nomination of military attachés and their assistants.
Perform any other functions referred by the competent authority.
40 Article
To carry out its competencies, the General Service Committee may summon to its deliberations military authority officers or others it deems necessary to provide it with information or to express opinions, but without having the right to vote.
41 Article
The General Service Committee shall establish temporary subcommittees from among its members to discuss any questions submitted to it.
42 Article
A member of the General Services Committee shall not attend its meetings when it considers any question directly related to him.
43 Article
1. A performance assessment shall be prepared, at least annually, on the competence and behaviour during the previous year of each military person.
Performance assessment levels shall be either “excellent”, “very good”, “good”, “average” or “below average”.
The elements for performing the assessments; the rate of each level; the reporting bases, requirements, forms and submission dates; the authority competent to approve them; and the confidentiality and filing thereof shall be determined by a resolution of the competent authority.
44 Article
1. Where a military person obtains a performance assessment of “average” or lower, the General Service Committee shall notify him of the approval of the report on his performance. He may, fifteen days after the date of notification, file a complaint to the competent authority, which shall resolve the complaint no later than fifteen days after its filing.
A report shall not be final except after the resolution of the complaint.
45 Article
1. Where a military person obtains two consecutive performance assessments of “average” or lower, his case shall be referred to the General Service Committee to consider whether to transfer him to another job at the same rank. The provisions of Article 44 (1) above shall apply in this regard.
Where a military person obtains a performance assessment in the next year which is similar to the two previous assessments, the General Service Committee shall refer the case and its opinion thereon to the competent authority to consider whether to terminate his service, hold him in reserve, or force him into retirement, unless he reaches the statutory retirement age as the case may be.
46 Article
1. A military person who obtains a performance assessment of “average” or lower may not be nominated for promotion in the year for which the assessment is made.
A military person transferred to another job according to the provisions of Article 45 (1) above may not be considered for promotion unless he obtains two performance assessments of at least “average” for two consecutive years following his transfer.
47 Article
1. Where required by the public interest, a military person may be transferred to another governmental organization, provided that he shall receive his previous basic salary.
Where he is transferred to any authority he shall retain his rank and seniority subject to the provisions contained herein, provided that his salary shall not be less than the total salary he received at the authority from which he was transferred.
In both cases, a transferred military person shall retain all of his rights from his military service, even in his service at the authority to which he is transferred. His benefits, both during and after service, shall be calculated according to the applicable law.
Commissioned officers shall be transferred by virtue of an Emiri resolution, upon the recommendation of the competent authority. Non-commissioned officers shall be transferred by virtue of a resolution from the competent authority, subject to the approval of the authority to which they are transferred.
48 Article
A military person, where necessary and in the interests of his work, may be transferred from one department to another inside the same military authority to which he belongs. The competent authority shall draw up the rules and criteria for internal transfers of military personnel.
49 Article
The competent authority, or any entity authorized by it, may, after taking the General Service Committee's opinion, temporarily delegate a military person to an office or job at another position inside the military authority, in which case he shall continue to receive his full monthly salary and any allowances or bonuses allocated to the position to which he is delegated, subject to the financial regulations of each military authority.
50 Article
1. Subject to the approval of the competent authority after taking the General Service Committee's opinion, a military person may be temporarily delegated to a job at another governmental organization at the request of the authority to which he is delegated. However, he may not be delegated to a job at a rank lower than his own.
The delegation period shall be two years but may be extended for a maximum period of five years where necessary.
With the exception of discipline, the delegated military person shall be administratively subject to the authority's supervision, guidance and performance assessment.
During his delegation, a delegated military person shall be treated as if he was in his original workplace in respect of seniority, entitlements to salary, allowances, bonuses, promotions, leave and other job benefits. Moreover, he shall receive from the authority to which he is delegated a minimum delegation allowance of twenty-five (25) percent of the basic salary of his military rank.
51 Article
1. Subject to his written consent, a military person may be seconded to governments, foreign and international organizations or Qatari organizations and companies, provided that the secondment period shall not exceed two consecutive years. Commissioned officers shall be seconded by virtue of an Emiri resolution; non-commissioned officers shall be seconded by virtue of a resolution of the competent authority. The secondment period may be extended where required by the public interest.
The entity to which a military person is seconded shall pay his salary, allowances, bonuses, and leave entitlements according to the service regulations of its employees. Where his monthly salary is less than his military salary or he loses some benefits associated with his military rank, the secondment decision may provide for the continuation of his military salary to such an extent that it compensates for the decrease in salary and the lost benefits.
In all cases, a military person shall keep his rank and seniority during the secondment period. Such period shall be included in his pension or end-of-service benefits according to the provisions contained herein.
52 Article
1. Subject to the provisions of
Law No. 20 of 2001
regulating
military scholarships, as amended by
Law No. 40 of 2005,
a military person may be delegated abroad to undertake an official task related to the military authority's work. Upon his departure, he shall be paid a representation allowance for the official task in addition to his travel costs. His full salary shall continue to be paid during the official task period.
The executive regulation shall regulate the classes and payment conditions of the representation allowance for military personnel and all costs required for such official tasks.
53 Article
As an exception to the provisions contained herein, a military person may, subject to the competent authority's approval, be assigned to perform a job other than his usual job at any other workplace either inside or outside the State.
During such assignment, a military person shall be treated as if he was in his own workplace and shall receive his full salary and retain all other job benefits in addition to the other payments which may be owed to him under the assignment.
54 Article
55 Article
The recognized leave categories are:
Annual leave.
Sick leave.
Casual leave.
Pilgrimage leave.
End-of-service leave.
Special leave.
56 Article
1. A military person shall be entitled to annual leave of forty-five days with full salary but excluding a transport allowance. No leave shall be permitted before he has successfully completed his period of probation and only his actual service period shall be considered in the entitlement to such leave. The dates of such leave shall be set according to the work requirements and conditions.
A military authority may request a military person to return to work before the end of his annual leave where required by his work interests.
57 Article
1. Where work conditions
permit, a military person may keep his annual leave balance due to him for each year of his actual service in order to use the entire leave balance in one year, up to a maximum period of three months.
A military person may not be prevented from taking his annual leave except where required by his work.
However, a Qatari military person shall be entitled once during a fiscal year to request the total or partial replacement of his annual leave balance with a cash benefit to be calculated based on his full salary but excluding his transport allowance. The payment of a cash benefit shall not prevent the military person from taking the remaining balance of his annual leave during the same year.
58 Article
Military attachés at the State of Qatar's embassies abroad and representatives of military bodies in international and regional organizations shall be entitled to annual leave balances during the period of their work broad according to the provisions contained herein or the provisions of the laws adopted by their employers, whichever offers them the greater benefit.
59 Article
A military person shall not be entitled to an annual leave balance according to the provisions contained herein in the following cases:
Absence and unpaid leave periods.
Any period spent in jail in the enforcement of a final judgment.
A military person on a scholarship, training course or secondment shall be entitled to an annual leave balance, less any leave given by the entity to which he is delegated, provided that it does not exceed the rate allocated to his annual leave during the delegation or secondment period.
60 Article
Where annual leave includes public holidays, an equivalent number of days shall be added either at the beginning or the end of the annual leave.
61 Article
1. A Qatari military person shall be entitled to sick leave as follows:
One year with full salary.
A second year with half salary.
A military person may use his annual leave balance and he shall also be entitled to extend his sick leave to a maximum unpaid period of six months where the Military Medical Committee is of the opinion that he may recover. The competent authority may increase this period by a further six months where the military person requires long-term treatment. The Military Medical Committee alone shall determine the illnesses which require long-term treatment.
Where a military person is still in his probationary period, he may only be permitted to take sick leave where his injury or illness is the direct result of his work conditions. Otherwise, his service shall be terminated at the end of the probationary period set out hereunder.
62 Article
Without prejudice to the provisions of the above article, a military person who falls ill or sustains an injury while performing his job shall be given a maximum sick leave of one year with full salary. This period shall not be deducted from his annual or sick leave. The competent authority may extend the sick leave for a further year until his condition becomes stable. Subsequently, a military person may be entitled to his other types of leave set out under the above article. The Military Medical Committee alone shall determine the illness or injury and its cause.
63 Article
Where the Military Medical Committee decides that a Qatari military person is no longer fit for service after using up his leave as set forth under the preceding two articles, his service shall be terminated without prejudice to his right to receive his end-of-service benefits, pension and other compensation according to the provisions contained herein and the law on retirement and pensions of military personnel
64 Article
A non-Qatari military person shall be entitled to sick leave as follows:
Three months with full salary.
Further three months with half salary.
Where such periods end and he does not recover, he shall be referred to the Military Medical Committee to decide whether or not he is fit for service. Where this Committee decides that he is unfit, his service shall be terminated. Where he is still in his probationary period, he may only be permitted to take sick leave where his injury or illness is the direct result of his work conditions. Otherwise, his service shall be terminated before the end of his probationary period. Where he falls ill or sustains an injury while performing his job, he shall be treated according to the provisions
hereof.
65 Article
1. Where a military person contracts an illness during his annual leave that prevents him from returning to service, he shall be entitled to sick leave according to the provisions set out under the preceding articles. His hospitalization period shall be counted as sick leave and his annual leave shall be extended by the number of days of such hospitalization. Such period of hospitalization may also be carried forward to his annual leave balance.
Where a military person contracts an illness while abroad on annual leave or an official mission that prevents him from returning to service on the fixed date, he shall obtain a medical report about his condition from the hospital where he was treated. He shall thereafter be entitled to medical leave as approved by the State's diplomatic mission. He shall submit the medical report to his supervisor after he returns from abroad, who shall submit it to the Military Medical Committee for final approval.
Where the period of treatment approved by the Military Medical Committee
exceeds the period of annual leave or the official mission, it shall be counted as sick leave. Provided that, where the approved sick leave coincides with the annual leave, it shall not be deducted therefrom.
66 Article
1. Where a military person requires leave due to an accident and he is prevented from requesting permission for such leave in advance, he shall be entitled to casual leave for a maximum period of twelve days per year. The right to request such leave, either in whole or in part, shall be forfeited at the end of the fiscal year in which it is due.
Such casual leave shall be approved for a maximum period of five days at a time but may be extended for a further period(s) whenever work conditions permit, provided that the twelve-day maximum to which the military person is entitled annually is not exceeded.
Following his return from such casual leave, a military person shall submit to his supervisor a statement setting out the reasons that prevented him from requesting permission for such leave in advance. Where his supervisor does not accept these reasons, his days of absence shall be considered days of absence from work and he shall be deprived of his salary for those days, without prejudice to any disciplinary liability where necessary.
67 Article
1. A military person shall, once throughout his service period, be allowed pilgrimage leave up to a maximum of twenty days with full salary. Such period shall be calculated from the date of his departure to the date of his return to work. This period shall not be deducted from his other leave categories.
The executive regulation hereof shall draw up the rules and conditions for allowing this leave.
68 Article
1. A military person whose service ends in retirement shall be given an end-of-service leave allowance as follows:
Where his military service reaches twenty years and ends for one of the reasons set out hereunder and he is not deprived of his end-of-service benefits or pension.
Where his military service reaches at least ten years and ends by dismissal in the public interest rather than by a disciplinary measure, or ends due to his reaching the statutory retirement age.
As an exception to the foregoing, a military person shall be given an end-of-service leave allowanceirrespective of the length of his military service where his service ends due to death, being declared unfit for service, capture, a judgment deeming him lost, or total or partial disability requiring the termination of his service, provided that neither he nor another person deliberately causes such disability.
The end-of-service leave allowance shall be one month for each year of military service, based on his last basic salary at the end-of-servicedate. Such allowance shall be paid to him in one payment at the time of his retirement.
69 Article
A military person shall be entitled to special leave in the following cases:
Marriage.
Private study.
Escorting a patient to be treated abroad.
Death of a relative.
Post-marital waiting period.
Delivery.
Maternity.
Field.
Escorting a female relative sent abroad by the State on an official mission, training course or scholarship.
Unpaid leave, which shall not be considered actual service.
The conditions, criteria and periods of such leave shall be decided by a resolution of the competent authority.
70 Article
1. Without prejudice to any disciplinary liability, a military person who fails to return to work at the end of his leaveshall be deprived of his salary for the period of his absence as of the day following the end of his leave.
The competent authority or the entity with equivalent authority may, where the said period of absencedoes not exceed twenty-one days and the military person offers an acceptable excuse for his absence, consider such absence as approved leave so that he may receive his salary, provided that he has a sufficient leave balance. Where his absence exceeds twenty-one days, he will be deemed to have left his service from the date on which his leave ended.
71 Article
A military person shall:
Owe full allegiance to the Emir.
Maintain the homeland's interests and carry out his duties precisely, honestly and sincerely.
Observe applicable laws and regulations.
Carry out orders and instructions given by his superiors.
Dedicate himself to performing his job, observe the official working hours, and work overtime when required.
Maintain military discipline and conduct himself in a manner befitting his rank and job.
Maintain the safety and security of any weapons, ammunition, supplies and materiel provided to him for the performance of his job.
Maintain the confidentiality of information related to the nature of work.
Maintain and improve his physical fitness and technical proficiency.
Uphold the honour, dignity and good reputation of the military.
Treat the public with proper courtesy and respect.
72 Article
A military person shall not:
Enter politics or become a member of, work for or publicly promote any party, society or organization having political or ideological principles or aims.
Disclose any information related to his work, an obligation which shall continue after the end of his service.
Issue or publish any statement about the functions of his job either in newspapers or other media without written permission from his supervisor.
Keep a copy of any official document or remove any document from a file, even where it pertains to a job personally assigned to him.
Directly or indirectly take part in the production or management of newspapers or magazines, except for military magazines, without written permission from his supervisor.
Keep any money or charge belonging to the military after the end of his service.
Fail to attend, leave or cease to work during normal working hours for any reason whatsoever without official permission.
Distribute political publications or sign petitions or messages which are likely to defame the State or the military authority for which he works.
Perform any paid work for others, except as a guardian, custodian or ward for absent or lost persons. He may be paid for such work where he is related to a minor, an incompetent, or an absent or lost ward by marriage or kinship up to the fourth degree. He may also act as a receiver for the property in which he is a partner or has an interest or which is owned by somebody to whom he is related by marriage or kinship up to the fourth degree. In all cases, the military person shall obtain his supervisor's permission and shall deposit evidence thereof in his service file.
Accept gifts, honoraria or grants, either directly or indirectly.
Purchase or rent any property put up for public auction by a military authority during his service.
Engage in commercial activities.
In the case of a man, marry a foreign woman in violation of the provisions of the applicable laws and regulations.
Violate the laws, regulations, provisions and rules relating to financial systems, the general budget, and tender, warehouse and procurement.
Commit any act or omission which results in the loss of any financial right or prejudices any financial interest of the military authority for which he works or of any of the organs of the State.
Abuse the powers and authorities given to him or overstep the limits of his job duties.
Deliberately provide false information with the intention of harming others.
Sleep while at work.
Feign sickness to avoid performing his job duties.
Insult or threaten higher ranking military personnel.
Mistreat or threaten lower ranking military personnel.
Serve another country while in the service of the State or five years after the end of his service, without the competent authority's approval.
73 Article
1. Where a military person fails to perform his duties, or commits any of the prohibited acts set out herein, or oversteps the limits of his job duties, or comports himself in a manner which is likely to harm the dignity and honour of the military, he shall be liable to disciplinary action without prejudice to the institution of civil or criminal proceedings against him, where necessary.
A military person shall not be liable to disciplinary action where it is proven that he committed a violation in following an order given to him by his superior, in which case his superior shall be liable
74 Article
1. The competent authorityshall appoint a military panel which shall be responsible for interrogating an accused military person. The ranks of the panel members shall be higher than that of the defendant.
Investigation proceedings shall be recorded in a report signed by the panel and the defendant. Such an investigation may be conducted by a written memorandum addressed by the panel to the defendant indicating the violation attributed to him. The defendant may similarly respond by a written memorandum.
75 Article
1. The investigation panel may have access to any documents or other evidence as it may require and summon any witnesses as it may decide to hear.
The defendant may attend all investigation procedures unless otherwise required in the interests of the interrogation. However, he shall have access to all documents and records related to the interrogation.
Where the panel recommends the defendant's suspension from work, such suspension shall first be approved by the competent authority.
Where the defendant is interrogated for an alleged contravention of Article
71
(1), (2) and (8) hereof, the competent authority may decide to detain him in custody for a maximum period of two weeks. The provisions of Article
79
hereof shall apply to the defendant's salary during his detention.
76 Article
Where an accused military person refuses to make a statement or to sign the investigation report, the reasons for his refusal shall be recorded in the report. Where such refusal is without good cause, the investigation may be resumed.
77 Article
Where a military person is summoned to testify at an investigation but fails to attend without an acceptable excuse, he shall be liable to disciplinary action
78 Article
1. The investigation panel shall submit to the competent authority a memorandum on the merits of the investigation and the alleged violations. Each violation shall be individually described.
Where the investigation panel believes that the evidence suggests a crime, it shall submit its recommendations to the competent authority for referral to the competent prosecuting authority. The competent authority may decide to continue the disciplinary actions against the defendant or to stop them until the criminal case is resolved.
Where the investigation panel discovers a financial violation, the procedures for financial violations shall be followed.
79 Article
1. The competent authority and the disciplinary board may temporarily suspend the defendantwhile he is on trial for a maximum period of three months.
Despite his suspension from work, the defendant shall continue to receive his basic salary and social allowance but his other bonuses and allowances shall be suspended as of the date of his suspension. Where the investigation is suspended or the defendantis acquitted or warned at trial, he shall receive his suspended bonuses and allowances.
Where a different penalty is imposed, the court shall decide the action to be taken on the suspended bonuses and allowances.
80 Article
Having reviewed the findings of the investigation of the military person, the competent authority may:
dismissal of the motion and filing of the case due tolack of charges or their insignificance
dismissal of the motion and filing of the case for insufficient evidence
Impose the appropriate disciplinary punishment.
Disciplinary questioning
81 Article
A suspected military person shall be referred to the disciplinary board by a resolution of the competent authority, and he shall be notified thereof in writing at least three days before the board convenes.
82 Article
1. The disciplinary board, formed bya resolution of the competent authority,shall be composed of three officers, at least one of whom shall be licensed to practice law.
The board's meetings shall be valid only where attended by all members. The disciplinary action against the defendant shall be followed up before the board by one of the officers.
83 Article
The disciplinary board may interrogate the defendant about the charges brought against him, hear witness testimony, delegate one of its members to investigate one or more issues, interrogate a witness, or review documents or any other evidence related to the case.
84 Article
1. The disciplinary board's sessions shall be held
in camera
. The defendant shall be notified by the board to attend the proceedings and may offer a written or oral defence either personally or through his delegated representative, who shall be an officer licensed to practice law.
The defendant shall be the last one to speak. Where he does not attend the proceedings or he fails to appoint a representative, a resolution may be passed in his absence after verification that he was properly notified by the board. The board's resolution shall be well reasoned, passed by majority vote of the board members, and signed by the chairman and members.
85 Article
The following disciplinary punishments may be imposed on officers:
Drawing attention.
Reprimand.
Deduction from salary for a maximum period of two months per year, such deduction not to exceed one fourth of the monthly salary.
Postponement of the due date of a periodical increment for a maximum period of three months.
Deprivation of a periodical increment for one year.
Suspension from work for a maximum period of six months without prejudice to payment of the basic salary and social allowance.
Demotion to a lower rank.
Termination of service without prejudice to the right to pension and end-of-service benefits, or deprivation thereof by up to one fourth.
86 Article
The following disciplinary punishments may be imposed on non-commissioned officers:
Drawing attention.
Warning.
Confinement at the workplace for a maximum period of three days without prejudice to payment of the salary.
Deduction from salary for a maximum period of two months per year, such deduction not to exceed one fourth of the monthly salary.
Postponement of the due date of a periodical increment for a maximum period of three months.
Deprivation of the periodical increment for a year.
Suspension from work for a maximum period of six months without prejudice to payment of the basic salary and social allowance.
Closed detention for a maximum period of three months without pay. A married non-commissioned officer shall be treated according to the provisions of Article
26
hereof.
Demotion to a lower rank.
Termination of service without prejudice to the right to pension and end-of-service benefit, or deprivation thereof up to one fourth.
87 Article
1. The disciplinary board may impose any of the penalties set out in the previous two articles but it may not impose more than one penalty per violation.
A convicted military person, the competent authority or its designee shall be entitled to appeal in person against the disciplinary board's resolution not later than fifteen days after its issuance or otherwise in the case of absence, from the date of announcement. The appeal shall be made before an appellate bench composed of three officers, at least one of whom shall be licensed to practice law, the formation of which shall be by a resolution of the competent authority.
The disciplinary board's resolutions shall be valid only after the appeal date and their approval by the competent authority. The penalty terminating the officer's service shall be enforced by an Emiri resolution.
88 Article
1. Upon considering the appeal, the appellate bench may, either spontaneously or at the appellant's request, adopt any of the following actions established herein for the disciplinary board:
Refuse to accept the appeal either because it has been filed too late or the appellant lacks legal capacity.
Amend the appealed resolution and the penalty imposed.
Reverse the conviction and acquit the appellant.
Reverse the acquittal resolution and impose a suitable penalty.
Reject the appeal and uphold the appealed resolution.
In all cases, the appeal bench's decision shall be well reasoned.
89 Article
The Emir and the competent authority, as the case may be, may order annulment of the conviction or confirm or reduce the penalty imposed.
90 Article
1. The right to bring a disciplinary action shall be forfeited one year after the date on which the last action of the investigation into the violation was implemented, or three years after the date on which the violation was committed, whichever is sooner.
suchlapse period shall be deemed terminated by any of the actions of investigation, accusation or suing. The new period shall apply from the date of the last actiontakenin the violation. Where there are several defendants, the interruption of the lapse period for one of them shall be deemedinterruption for the others, even though noactions were taken that renders the period terminating. However, wherethe action constitutes a criminal offence, the disciplinary proceeding shall be forfeited only with the forfeiture of the criminal case.
In all cases, the disciplinary proceeding shall be forfeited upon the death of the defendant.
91 Article
1. A punitive punishment imposed on a military person shall be erased three years after the date of its imposition, provided that no other punitive punishment is imposed on him during this period.
A disciplinary punishment shall be erased one year after the date of its imposition, provided that no other disciplinary punishment is imposed on him during this period.
A punishment shall be erased by a resolution of the competent authority.
92 Article
1. Where a military person leaves service for any reason, this shall not affect his disciplinary liability where an investigation was launched before the end of his service. However, he shall, during the five years following the end of his service, be liable for any financial violations which lead to the loss of one of the treasury's rights, even where an investigation was not launched before the end of his service.
The following penalties may be imposed on a military person who leaves service:
A fine not less than five hundred riyals and not more than five thousand riyals.
Deprivation of his pension for not more than three months.
93 Article
The promotion of a military person may not be considered during the period of his detention in the enforcement of a final criminal judgment.
94 Article
Violations, disciplinary punishments and procedures, those authorized to impose them, and the complaint and erasure procedures, shall be determined by a resolution of the competent authority.
95 Article
1. On the General Service Committee's recommendation, the competent authority may, even where he has not attained the statutory retirement age, hold a military person in reserve in the following cases:
Where he is temporarily unfit for military service.
Where required by the public interest.
During his reserve service period, a military person shall receive his monthly salary except for assignment and transport allowances. This period shall be an actual service period for which he has entitlements according to the provisions of this Law and the law on retirement and pensions of military personnel.
96 Article
1. The reserve service period may not exceed two years. Before the end of this period, the General Service Committee shall recommend to the competent authority either to force the military person held in reserve into retirement or to return him to service.
A military person may be promoted during his reserve period but he may not bear or possess a weapon without permission. He shall take into consideration the duties and prohibitions set out herein as if he was on actual service.
97 Article
Where called up from reserve, a military person shall receive his full salary according to the provisions contained herein.
98 Article
1. A military person held in reserve shall be called up for actual service in the following cases:
General mobilization.
A shortage at the military authority.
Declaring martial law or war.
The call-up for sub-paragraphs (a) and (b) above shall be issued by a resolution of the competent authority, and by an Emiri resolution for the call-up for sub-paragraph(c). However, a military person may for acceptable reasons be exempted from being called up by a resolution of the competent authority.
99 Article
Military personnel held in reserve shall be deemed to have been notified of their call-up by the publication thereof according to the applicable military procedures. The declaration of martial law or war shall be considered a notice for joining actual service.
100 Article
The service of a military person held in reserve shall end in one of the following cases:
Where he attains the statutory retirement age or completes the reserve period, whichever is sooner.
Where he is proved unfit for military service.
Where he loses his Qatari nationality.
101 Article
Any person who fails to comply with his call-up instructions without a legitimate excuse in the cases set out hereunder shall be subject to disciplinary measures according to the provisions contained herein.
102 Article
The Department of Reserve Affairs at the military authority shall be competent to prepare and update lists of the names of military personnel held in reserve, to notify them of their call-up, and to manage all matters related to reserve affairs.
103 Article
1. Where a military person dies or suffers a total or partial disability during his service, he or his heirs, as the case may be, shall be entitled to compensation for death or injury.
The following shall be deemed a workplace accident:
An accident that occurs while the military person is going to or coming from work by any means of transport, provided that he does so directly, without stopping, delaying, or deviating from his usual route.
An accident that occurs while he is going to or coming from an official mission abroad.
Occupational diseases as determined by a resolution of the competent authority.
104 Article
1. Where a military person is injured in an accident or contracts an occupational diseasewhile on service, he shall notify his supervisor there of not later than thirty days after its occurrence.
His supervisor shall conduct an investigation into the cause of the accident, disease or death and its relationship to his service. The injured or sick military person or his body, if he is deceased, shall be submitted to the General Medical Committee, together with the investigation report, to determine the cause of the injury, disease or death; estimate the disability rate; and establish its relationship to his service.
Where injury, disease or death occurs during military or security operations, a report indicating the time, place and conditions shall be prepared and submitted to the military authority to take the necessary action according to the provisions of the preceding paragraph.
105 Article
1. Where a military man is abroad and cannot attend the meeting of the Military Medical Committee, the causes of his injury or disease, the disability rate and the relationship to his service, shall be established by a medical committee under the supervision of the embassy of the State of Qatar. Where the State has no diplomatic representative in the state where the injury or disease occurred, they shall be established by a committee comprising three doctors. A Qatari doctor may join them, where necessary.
The reports of the medical committees abroad shall be submitted to the General Medical Committee for approval and decision. The same procedures shall be applicable to the death of a military person abroad to establish the cause of death and its relationship to his service.
106 Article
Where an injury leads to death or disability, compensation shall be calculated as follows:
In case of death or total disability: salary for twoyears or legally establishedblood money, whichever is greater.
In case of partial disability: a
percentage of the total disability compensation which is equivalent to the partial disability-total disability ratio as decided by the General Medical Committee.
107 Article
A military person shall not be entitled to compensation in the following cases:
Where his death or disability results from alcohol or drug abuse.
Where his death or disability results from a pre-existing disease or deformity before his employment or an injury deliberately caused by himself or through somebody else.
Where he deliberately violated or seriously neglected health and safety regulations which led to his death or disability.
Where he refuses for no acceptable reasonto be examined or to receive treatment from physicians, the General Medical Committee or the Military Medical Committee, as the case may be, and this leads to his death or disability.
108 Article
1. The right of a military person to claim compensation shall be forfeited two years after the date of the following occurrences:
Death.
Final medical report determining the rate of disability resulting from a work accident or occupational disease.
Final presumption of death of a lost military person.
The prescription period referred to in the above paragraph shall not apply where there is a impediment to the military person's claim for compensation even though such impediment is only moral.
Incapacitation
shall be an impediment unless the military person has a representative, curator or natural guardian to act on his behalf in claiming his rights. Where there is an impediment for some of the dead or presumed missing military person's heirs, the prescription period for the other heirs shall not be terminated by such impediment.
109 Article
The competent authority may, where required by the public interest, order the award of total or partial compensation without regard to the disability rate, the reasons for deprivation of compensation, or the forfeiture of the right to claim it as set out hereinabove.
110 Article
1. Where a court of competent jurisdiction finally rules that a lost military person is presumed dead, his heirs shall be entitled to compensation according to the provisions contained herein. Where he is found to be alive, the compensation may be revoked.
Where a lost military man who is presumed dead is a non-Qatari and he was lost outside the State of Qatar during an official mission or operation, the competent authority may order payment of compensation to his heirs. However, such payment may be delayed for a maximum period of two years after the court's final judgment to allow the competent military services to conduct an investigation to confirm that he is still lost. Where it is proven before the expiry of the said period that he is still alive, he shall forfeit his right to compensation. Where this is proven after such expiry, the compensation awarded to his heirs shall be revoked.
111 Article
A military person or his heirs shall be entitled to compensation for any harm done to him by any third party during his service, without prejudice to his or his heirs' right to claim compensation directly from such third party.
112 Article
1. Compensation for occupational disability or disease shall be awarded to the beneficiary. Compensation for death shall be divided by the court among the heirs of the deceased according to the provisions of Islamic law or the law of the country of which the deceased is a national.
In both cases, where the beneficiaries refuse to accept the compensation it shall be deposited at the treasury of the court to be paid to them upon request. Such deposit shall cancel any further liability of the military person's workplace.
113 Article
A military person's service shall come to an end for one of the following reasons:
Reaching the age of sixty years old for males and fifty years old for females.
Reaching the statutory retirement age.
Declared medically unfit for service by the Military Medical Committee.
Accepting retirement after twentyyears of actual military service.
Resignation.
Service termination by a disciplinary decision.
Service termination other than by a disciplinary measure in the public interest.
Conviction of a crime involving a breach of honour or public trust.
Loss of Qatari nationality.
Actual or legal death.
114 Article
A military person's service may be extended in the public interest after he reaches the statutory retirement age. The extension decision shall be made by the competent authorityfrom one year to another as necessary.
115 Article
1. A military person's resignation shall be in writing and free from any restriction or condition, and shall not be effective unless accepted by the military authority within sixty days after its submission. Where this period expires without an acceptance, the resignation shall be deemed rejected.
A military person may not submit his resignation where war or martial law has been declared, nor during an investigation or disciplinary investigation until charges are finally brought against him.
116 Article
The termination in the public interest of a commissioned officer's service other than by a disciplinary measure shall be approved by an Emiri resolution. The service of a non-commissioned officer shall be terminated by a resolution of the competent authority.
117 Article
118 Article
119 Article
1. Subject to the provisions herein relating to sick leave, a military person shall be entitled to a salary up to the day on which his service comes to an end for one of the reasons set out hereunder.
In case of the death of a military person during service, his legitimate heirs shall be entitled to onemonth's salary in addition to his entitlements dues as of the date of his death.
Where the service of a military person comes to an end during preventive detention or in the enforcement of a court judgment, his salary shall cease to be paid as of the date of his service termination
120 Article
By an Emiri resolution, at the competent authority's request, a total or partial exemption from the statutory retirement provisions may be sought, subject to the public interest.
121 Article
Where a military person spends a full year in service and his service is terminated for any of the reasons set out hereunder,he shall be entitled to end-of-service benefits calculated according to the last basic salary earned at the time of leaving service as follows:
One month for each of the first five years of service.
One and a half months for each of the next five years of service.
Two months for each additional year.
122 Article
As an exception to the provisions of the preceding article, a military person shall be entitled to end-of-service benefits for the period of service less than a year in the following cases:
Service termination for being declared medically unfit by the Military Medical Committee.
Resignation due to marriage for military women.
Actual or legal death.
123 Article
1. Pension and end-of-service benefits may not be combined. However, where a military person's service is more than twenty years, he shall be entitled to two months of end-of-service benefits for his years of service exceeding twenty years of actual service, calculated on the basis of his last basic salary at the time of leaving service.
The provisions of this article shall apply to service at civil entities already completed by a military person before joining the Ministry, Service or Force; provided that such service is duly added to his military service and he is not deprived of his end-of-service benefits in the enforcement of a disciplinary decision.
124 Article
A non-Qatari military person shall be entitled to one month of end-of-service benefitsfor each year of actual service up to ten years, calculated on the basis of his last basic salary earned at the time of leaving service.
125 Article
The end-of-service benefits for a military person whose service comes to an end due to his martyrdom, being lost, or total or partial disability during military or security operations or during capture shall be calculated according to the basic salary of the rank which is next to his rank in the Basic Salaries Tables
1
and
2
enclosed herewith.
126 Article
Where a military person is returned to service according to the provisions contained herein and an end-of-service benefit was paid to him, his past service period and the resulting benefits shall be taken into consideration when determining his end-of-service benefits for the period of his return, provided that the interval between service termination and post-retirement employment is not more than five years.
127 Article
A military person shall be deprived of his end-of-service benefits where his service is terminated as a result of being convicted of:
Crimes related to state security.
Crimes related to embezzlement of public funds, bribery or faking official documents.
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