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Military Law

Ratification of Law Concerning the Officers of Armed Forces of the Democratic Republic of Afghanistan

Kabul City

18/08/1362

The Presidium of the Revolutionary Council of the Democratic Republic of Afghanistan approves:

Article One

The law concerning the affairs of the officers of the Democratic Republic of Afghanistan is approved in nine chapters and one hundred and fifteen articles.

Article Two

The provisions of the law concerning the affairs of the officers of the Armed Forces of the Democratic Republic of Afghanistan shall be binding on the officers of the military units, military training offices and the establishments of the Ministry of Defense of the Democratic Republic of Afghanistan, the Ministry of Interior of the Democratic Republic of Afghanistan and the Department of the State Intelligence Services.

Article Three

The Council of Ministers of the Democratic Republic of Afghanistan, the Ministry of Defense, the Ministry of Interior of the Democratic Republic of Afghanistan and the Department of the State Intelligence Services are required to prepare and approve rules and regulations based on the law concerning the affairs of the officers of the Democratic Republic of Afghanistan.

Article Four

The Ministry of Defense, the Ministry of Interior and the Department of the State Intelligence Services shall guarantee the full application of the law concerning the affairs of the officers of the Armed Forces of the Democratic Republic of Afghanistan.

Article Five

This decree shall be in force upon approval date and published in the official gazette.

Babrak Karmal

The President of the Presidium of the Revolutionary Council

The Law Concerning the Affairs of the Officers of the Armed Forces of the Democratic Republic of Afghanistan

Chapter One
General Provisions

Article One

This law is ratified to regulate the affairs (appointment, transfer, promotion, holidays, awards, disciplining, and retirement) of the officers of the Armed Forces of the Democratic Republic of Afghanistan.

Article Two

The citizens of Afghanistan, upon acquiring the rank of a Third Lieutenant or a higher rank, shall be considered officers.

Article Three

The term of service of officers in the Armed Forces of the Democratic Republic of Afghanistan is the time spent on active duty in the army or on reserve.

Article Four

The officers of the Armed Forces are divided into the following three ranks and categories:

1. The category of low army officers: Third Lieutenant (information missing)
   

Article Five (missing)

Article Six

(Information missing)

1. While on duty, and in social and political life or private behavior, they shall be exemplary and exhibit discipline, character and high moral.
   
2. Shall improve their professional and political knowledge, acquire the revolutionary scientific theory and continue developing their military, technical and professional knowledge.
   
3. Shall fully understand the weaponry and combative techniques, and protect military equipments, public property and the weapon given to them in the best possible way.
   
4. Officers shall look after the education and the material needs and subsistence of their subordinates.
   

Article Seven

The officers of the Armed Forces shall have all the rights and responsibilities provided to other citizens of the Democratic Republic of Afghanistan.

Article Eight

The salary and other material needs of the officers shall be provided and supplied by the government of the Democratic Republic of Afghanistan in accordance with the standards determined by the Council of Ministers of the Democratic Republic of Afghanistan.

Article Nine

The salary of the officers of the Armed Forces shall be paid based on the position and military rank in accordance with specified norms.

Article Ten

Officers shall be dressed in military uniform determined by the Council of Ministers.

Article Eleven

On duty officers and officers who retired at least after twenty- five years of service, along with their family members shall receive free medical treatment by the medical establishments of the Armed Forces.

Chapter Three

Promotion, Demotion and Discharge of Officers

Article Twelve

The personnel of the Armed Forces shall be promoted based on available position, political merits, practical personal qualifications, and capability in combat and work performance.

Article Thirteen

The first rank of an officer shall be Third Lieutenant, and bestowed to the following personnel:

1. Personnel of the Armed Forces graduated from short-term military education establishments or from accelerated courses for officers.
   
2. Graduates of intermediate professional from educational institutions who join the Armed Forces
   
3. Educated non-commissioned officers appointed to the post of officers who have successfully performed their duty.
   
4. Soldiers and non-commissioned officers of units who demonstrated bravery and courage during combat operations.
   

Article Fourteen

Those who graduated from higher military institutions shall be appointed at the rank of Second Lieutenant.

Article Fifteen

Those who graduated from higher civilian institutions and are recruited to serve in the Armed Forces can be appointed in the rank of Second Lieutenant.

Article Sixteen

If an employee of the state is drafted in the army and is accepted as an officer, his military rank shall be determined equivalent to his civilian rank provided that the rank is not higher than the level foreseen in the army.

Article Seventeen

1. The first rank of an officer, periodic promotions and extraordinary promotions up to Colonel (including the Colonel) determined in accordance with structural needs, shall be granted by the Minister of Defense, Minister of Interior and the Head of the Department of State Intelligence Services in their respective establishments.
   
2. Periodic promotions up to the rank of Senior Captain (including Senior Captain) can be granted by the Chief of Staff, First Deputy Minister of Defense, the Head of the Political Affairs of the Ministry of Defense, the Head of the Logistic Department, the Commander of Air Forces and Air Defense, the Commander of Border Guards, and officials with similar ranks in the Ministry of Interior and the Department of the State Intelligence Services.
   

Article Eighteen

The rank of General shall be ratified and granted by the Presidium of the Revolutionary Council of the Democratic Republic of Afghanistan based on the proposals of relevant Ministries and the Department of the State Intelligence Services

Article Nineteen

The issue of promoting an officer to the rank of Colonel or General shall be discussed and evaluated in meetings held by consultancy delegations of relevant Ministries and the Department of the State Intelligence Services, and the final decision of the consultancy delegation shall then be signed as a protocol by all members.

Article Twenty

Officers shall serve for the following period of time in each rank prior to promotion subject to availability of open posts:

1) Third Lieutenant One year
2) Second Lieutenant Two years
3) First Lieutenant and Captain Every three years
4) Senior Captain Two years
5) Major Three years
6) Brigadier Four years

Article Twenty-One

Promotion to the ranks of Colonel and General shall take place based on an officer’s political, military and combative skills and personal merits without considering the period of service provided that there are open posts.

Article Twenty-Two

The period of service for periodic promotions of officers and personnel serve as crews of helicopters and planes shall be one year less than the periods referred to in Article Twenty of this law.

Article Twenty-Three

Promotions of officers who display aptitude in combat operations shall be granted through an extraordinary measure provided that the officers have served in their current ranks not less than the following period:

1) Third and Second Lieutenant Every six months
2) First Lieutenant Eight months
3) Captain and Senior Captain Ten months each
4) Major Twelve months
5) Brigadier Fourteen months

Article Twenty- Four

The period of service for those officers who are awarded medals shall be determined in accordance with the decree of the Presidium of the Revolutionary Council of the Democratic Republic of Afghanistan.

Article Twenty- Five

The period of service in a rank shall start from the date of signing a promotion.

Article Twenty- Six

Promotion of officers taken as prisoners of war will not be considered after their release and proof of loyalty to the cause of revolution and the country.

The time spent in captivity will not count towards the promotion of an officer.

Article Twenty-Seven

The Ministers of Defense and Interior and the Head of the Department of the State Intelligence Services, based on proposal of an independent regiment’ commander or officers with higher ranks, can give one rank demotion to officers ranking from First Lieutenant to Colonel, and can strip a Second Lieutenant from his rank.

Article Twenty- Eight

If an officer is under criminal investigation, his promotion shall be put on hold. If his file is closed or the court determines his acquittal, he shall qualify for promotion.

Chapter Four
Appointment and Transfer of Officers

Article Twenty- Nine

Low and high- ranking officers of the Armed Forces shall be appointed in accordance with the order given by the respective Ministers and the Head of the Department of the State Intelligence Services.

Article Thirty

Commanding officers who have the authority to determine the posts of personnel shall do so in accordance with the recommendation of their direct superior and the political activist.

Article Thirty- One

Officers who are graduated from educational institutional or military training schools shall be assigned to units for acquiring practical experience based on their field of study.

Article Thirty- Two

The transfer of an officer to a higher grade shall take place under the following conditions:

1. The existence of a post
   
2. For better use of an officer’s capability based on his field of study, quality and political and personal virtues displayed.
   

Article Thirty- Three

Officers who have combative experience, display courage while performing their duties, and possess organizational aptitude and required political and personal character, shall be the first to be promoted to a higher grade.

Article Thirty- Four

1. The transfer of an officer to a lower grade shall take place under the following conditions:
   
   • a- Reduction in the size of the staff.
     
   • b- Health reasons based on the recommendation of a medical commission of the Armed Forces to reduce workload.
     
   • c- Personal problems and excuses
     
   • d- Direct proposal of the commanding officer along with the reason for transfer after discussion and evaluation by relevant authorities.
     
2. An officer demoted to a lower grade can be reappointed to a higher grade provided that the aforementioned conditions are removed.
   

Article Thirty- Five

An officer cannot be appointed in the grade of a non-commissioned officer.

Article Thirty- Six

In case of shortage or absence of an officer in a unit, the commanding officer can appoint another officer for the post as overseer.

Article Thirty- Seven

The officers of the Armed Forces can serve in civilian administrations in accordance with the decision of the Presidium of the Revolutionary Council or the Council of Ministers of the Democratic Republic of Afghanistan. Under such circumstances, an officer is paid in accordance with his military rank, and his work shall count towards his military services.

Article Thirty- Eight

The transfer of an officer from one region to another shall be carried out by the commanding authority based on the health condition of the officer or members of his family in accordance with the recommendation of a medical commission of the Armed Forces.

Article Thirty- Nine

Transfer and regional privileges of officers in military units and garrisons shall take place based on standards shown in the following chart. (Chart illegible)

Chapter Five
Leave of Officers

Article Forty

During non-combat period, officers are entitled to the following annual paid leave:

1. Thirty days vacation
2. Ten days emergency leave
3. Ten days sick leave, which can be used for up to three days of advanced written notice.
   

If the illness of an officer lasts more than three days, he is required to submit a certification letter from a physician.

Article Forty- One

During continuous sickness, which could prevent an officer from performing his duty, the officer is entitled to a paid sick leave based on recommendation by a medical commission of the Armed Forces.

Article Forty- Two

The power to grant vocations or emergency leave to an officer is the authority of independent regiment’s commander or higher rank, and he shall be issued a vocation slip.

Article Forty- Three

Female officers are entitled to pregnancy and maternity leave in accordance with the law for government employees.

Article Forty- Four

During combat mobilization, all leaves, except sick leave, pregnancy and maternity leave shall be ended, and the officers shall immediately report to their units.

Article Forty- Five

The Ministers and Head of the Department of State Intelligence Services shall determine the conditions for grant of vocations during combat mobilization.

Article Forty- Six

The respective Officers who fulfill the requirements for performing pilgrimage are entitled to a one- time forty day paid leave.

Chapter Six
Serving as Reserve

Article Forty- Seven

The officers of the Armed Forces, based on their age, shall be placed on reserve as follows:

1. First term reserve
2. Second term reserve
3. Third term reserve
   

The officers whose age exceeds the limit for being on reserve or if it is determined by a medical commission of the Armed Forces that he is incapable of serving any longer shall be removed from the reserve list.

Article Forty- Nine

For the purpose of obtaining military training, officers who are on reserve can attend educational and military training courses not to exceed a period of three months. During this time, reserve officers shall wear a military uniform.

Article Fifty

Reserve officers who attend military training courses are entitled to salary and material assistance in accordance with approved norms.

Article Fifty- One

Reserve officers who are summoned to attend military education courses are not entitled to promotion, and their salary shall remain unchanged.

Article Fifty- Two

Reserve officers who are summoned to active duty in the military shall be appointed to a post in accordance with their rank.

Article Fifty- Three

Under the following circumstances, officers shall be put on reserve from an active military duty:

1. When an officer reaches the final age determined for active military duty.
   
2. When an officer, based on the recommendation of a medical commission of the Armed Forces, no longer has the capacity for active military duty.
   

Article Fifty- Four

Low and high- ranking officers shall be put on reserve from active military duty based on the order of the respective Ministers and the Head of the Department of State Intelligence Services

Article Fifty- Five

Generals shall be put on reserve from active duty based on the approval of the Presidium of the Revolutionary Council, which will be proclaimed by a directive of the respective Ministers and the Head of the Department of State Intelligence Service. Brigadier Generals and Five Star Generals shall not be removed from the ranks of the army, but will serve on a permanent basis in the consultancy group of the Armed Forces.

Article Fifty- Six

Officers of the Armed Forces who are put on reserve are entitled to wear military uniform provided that the directive of reserve does not provide otherwise.

Chapter Seven
Retirement of Officers

Article Fifty- Seven

The officers of the Armed Forces shall retire as follows in accordance with their age:

1. Low ranking officers after completing the age of fifty.
   
2. High- ranking officers after completing the age of fifty- five.
   
3. Superior officers after completing the age of sixty- five.
   

Article Fifty- Eight

An officer can ask for his retirement after twenty- five years of service in the Armed Forces.

Article Fifty- Nine

Officers, whose age reaches the ending age for retirement, can extend their term of service for another five years prior to retirement.

Extending the term of service of low and high ranking officers is the authority of the respective Ministers and the Head of the Department of State Intelligence Services, and extending the term of services of Generals shall take place in accordance with the resolution of the Presidium of the Revolutionary Council.

Article Sixty

An officer who is sentenced to more than one year in prison by a court final order shall be relieved from active military duty and sent to retirement.

Article Sixty- One

An officer, after receiving constant unfavorable evaluation from three different commanders, shall be retired.

Article Sixty-Two

An ill officer, during combat or non-combat times, can be retired based on the recommendation of a medical commission of the Armed Forces.

Article Sixty- Three

An officer of the Armed Forces can be retired due to reduction in the structural organization.

Chapter Eight
Retirement and Disability Benefits

Article Sixty- Four

The following persons are entitled to retirement and disability benefits:

1. Officers of the Armed Forces who, in accordance with the provisions of this law, retire, or become disabled.
   
2. The dependents of deceased officers.
   

Article Sixty- Five

For the purposes of this law, the dependents of a deceased officer are as follows:

1. Wife, husband, unmarried daughter, son who is younger than eighteen years of age or is disabled, or goes to school or is an army conscript.
   
2. Mother, father, unmarried sister, brother who is less than eighteen years of age or is disabled, or goes to school, or is an army conscript provided that the deceased was their provider before passing away.
   

Article Sixty- Six

The retirement of an officer with ten years of service in the army shall be forty percent of his monthly military rank salary. In return for every year in addition to the first ten years, an extra 2.4 percent of the monthly retirement salary shall be added to the retirement.

Article Sixty- Seven

The pension of the officers of the Armed Forces shall not exceed their monthly military rank salary.

Article Sixty- Eight

The retirement pay of officers with less than ten years of service in the army shall be two month salary of their military rank plus an extra 25% of the salary for each additional year paid in one lump sum.

Article Sixty- Nine

Officers who, before their discharge from the Armed Forces, worked in civilian Ministries and administrations and continue to work after their discharge shall not be entitled to the pay referred to in Article Sixty Eight of this law.

This provision does not disallow counting the period of military service along with his over all years of service.

Article Seventy

The term of service of an officer who is entitled to lump sum retirement pay shall be determined and calculated similar to the salary of other officers, in accordance with the provisions of this law.

If there are interruptions in the services of an officer, the lump sum retirement pay shall be calculated from the start of the latest term of service.

Article Seventy- One

In calculating an officer’s term of service for retirement benefits, the enlistment and discharge dates of the officer shall be determined as follows:

1. The day of arrival of a recruit in the unit or the enrollment date of civilian youths for military education in accordance with the directive of the establishment’s commander.
   
2. The day of discharge is the date when the commander of the unit announces the discharge of the relieved officer to him from his unit, or the date when the discharge order of an officer from military service or from direct work in civilian Ministries and establishment is signed by the respective Ministers or the Head of the Department of State Intelligence Services.
   

Article Seventy- Two

If, in the recorded file of an officer, the enrollment date is shown only by the year or the month and year, the starting date for services shall be first of Hamal of the same year or in the latter case, the fifteenth day of the month.

Article Seventy- Three

In calculating an officer’s term of service for the purpose of determining retirement benefits with privileges, one month of service shall be counted as two months, and one and a half months in accordance with the provision of this Chapter.

Article Seventy- Four

Under the following circumstances, a one- month service of an officer shall be counted as two months bonus:

1. While serving in a unit that participated in combat operations.
   
2. The time of treatment in a hospital due to injuries and disability sustained from participation in combats.
   

Article Seventy- Five

Under the following circumstances, a one- month service shall be counted as one month and a half bonus:

1. Serving as a pilot or flight crew in the units of Air Force.
   

The calculation of bonus time while performing these duties shall be carried out in accordance with the schedule prepared by the Ministry of Defense.

Bonus time shall be granted to those officers who complete the designated hours of flight per year.

1. The term of service of those officers and non-commissioned officers who complete their duty in commando units.
   

The bonus terms in these units shall be granted to those who have completed the designated number of diving with parachutes per year as scheduled by the Ministry of Defense.

1. The term of service of those officers and educated non-commissioned officers who perform their duties in the Command and Control Offices or as patrols in the units of Frontier Forces shall be counted in accordance with the schedule prepared by the Ministry of Defense.
   

Article Seventy- Six

If an officer meets the conditions for receiving two or more bonuses, his term of service shall be calculated based on the bonus for more benefits.

Article Seventy -Seven

In calculating the term of service for the purpose of determining retirement benefits, the following periods shall not be considered:

1. The time of absence
   
2. The time spent in detention unless the case was closed or the officer was acquitted.
   
3. The time enrolled in military school.
   
4. The time spent participating in military training courses or refreshing military education in military units while on reserve.
   
5. The time of captivity in enemies’ hands unless it is determined that captivity was not voluntary and the captive has not committed anything against the country during the time of his confinement.
   

Article Seventy- Eight

In calculating the term of service for determining retirement benefits, a period of six months or more shall be counted as one full year.

Article Seventy -Nine

If an officer is considered disable by a medical commission of the Armed Forces due to an incident or illness while on duty, his monthly salary shall be paid to him as disability regardless of the term of service.

Article Eighty

Disability salary shall be paid to an officer for the duration of time determined by the medical commission of the Armed Forces.

The time for medical reevaluation of a disabled officer and diagnosing the loss of capability by a medical commission of the Armed Forces shall be determined and applied after the approval of the respective Ministers and the Head of the Department of State Intelligence Services.

A disabled individual, with complete loss of ability to work, shall not be subject to medical reevaluation, and he shall receive disability benefits on permanent basis.

Article Eighty- One

If a disabled person is considered fit to work, his disability benefits shall be paid until the day the final decision of the medical commission of the Armed Forces is issued. However, the benefit entitlement period cannot exceed the date mentioned in the previous decision of the medical commission.

If disability benefits are paid for the month when the disabled person is being reexamined, its continuation shall stop on the first day of the following month.

Article Eighty- Two

If a disabled person is entitled to disability benefits, but recovers from disability, his retirement benefit shall be determined in accordance with the provisions of Article Sixty Six.

Article Eighty -Three

The retirement benefit of an officer on active duty, who becomes disabled because of reasons not related to his duty, and will have served ten years or more until the day of his discharge, shall be paid in accordance with the provisions of Article Sixty Six of this law.

If an officer’s term of service is less than ten years, his retirement benefit shall be paid in one lump sum in accordance with the provisions of Article Sixty Eight of this law.

Article Eighty- Four

For dependents of officers who pass away while in service, and for the dependents of deceased retired officers, pension shall be paid as follows:

1. For the dependents of officers who pass away due to illness or an incident while in service, pension shall be paid in the amount equivalent to their monthly salary regardless of the period of service.
   
2. For the dependents of officers who did not pass away due to service, pension shall be paid in accordance with the provisions of Article Sixty Six and Article Sixty Eight of this law.
   
3. For the dependents of retired deceased officers, who benefited from pension or disability, pension shall be paid less than the deducted share of deceased officer in accordance with the provisions of Article Sixty Six and Article Sixty Eight of this law.
   

Article Eighty- Five

For the dependents of officers who pass away or are martyred due to illness or incidents while on duty, a sum of twenty thousand Afghanis shall be paid for funeral expenses as tribute by the respective unit of service.

Article Eighty- Six

Determination of dependents shall take place based on official documents or legal paper work.

Article Eighty- Seven

Pension or disability pay of an officer shall be divided as follows amongst his dependents: An additional person shall be added to the total number of dependents and the pay shall be divided equally amongst them. Then, the share of one person shall be deducted and the remaining funds shall be distributed in equal amount to the dependents.

Article Eighty- Eight

Based on the request of each dependent, who has reached adolescence (if that person qualifies as dependent) his share of funds can be paid to him separately.

Article Eighty- Nine

If during the time of an officer’s passing away, the wife is pregnant, after birth the child shall be added to the number of dependents and pension shall be equally divided amongst the dependents.

Article Ninety

Under the following circumstances, pension shall be stopped to dependents:

1. When the son or brother of the deceased officer reaches the age of eighteen or finishes school or recovers from disability, or completes his compulsory conscription service and enter the extra period of service.
   
2. When a wife, sister or daughter gets married.
   
3. When citizenship is relinquished or revoked.
   
4. When someone is sentenced to treachery against the country.
   
5. Other circumstances foreseen by the law.
   

Article Ninety- One

If the retirement benefit of one dependent is taken away, the retirement benefits of other dependents remains unchanged, and the withdrawn funds is not added to the shares of others.

Article Ninety- Two

In addition to pension, a one- month salary shall be paid to a retiring officer by his respective unit or related administration.

Article Ninety- Three

The monthly salary, based on which the pension of an officer or his dependents is determined, consists of the officer’s grade salary, additional salary related to his field (education), a percentage of the difference in pay between his current rank and his next periodic rank and other privileges that were paid to him on a permanent basis until the day of his retirement or passing away.

Article Ninety- Four

The privileges included in this law are as follows:

1. Extra pay shall be paid to officers and on duty crew of flights and maintenance crew of planes in accordance with their ranks.
   
2. Extra pay for officers of commando units for diving by parachutes (fifty percent of a standard pay for jumps between one to thirty)
   
3. Extra pay for officers of medical units due to work in situations hazardous to health.
   

Article Ninety- Five

1. Extra pay for officers included in Article Ninety Four of this law shall be added to the main monthly salary of disabled officer or for their dependents in the event of the officer’s death only when disability or death occurs while on duty.
   
2. The extra pay of officers of a flight crew whose retirement or disability is not related to their duty shall not be included in the pension.
   

Article Ninety- Six

The pension or disability pay of an officer who is discharged due to a court order for committing a crime, but is not demoted, shall be determined based on his time of service, but shall not be entitled to any extra pay included in the provisions of Article Ninety Four of this law.

Article Ninety- Seven

If an officer is barred from receiving pension by a court order, that percentage of his salary that was saved in the retirement funds during his time of service shall be returned to him.

Article Ninety- Eight

If an officer is discharged for committing dishonorable acts or deeds against the sanctity of his profession, pension for the time of his service or for his disability if qualified, shall be paid based on sixty the percent of the norms included in the provisions of Articles Sixty Six, Sixty Seven, Sixty Eight and Seventy Nine of this law.

The reason for limiting the amount of an officer’s pension shall be mentioned in the directive of the respective Ministers or the Head of the Department of State Intelligence Services during the discharge from service.

Article Ninety- Nine

The respective Ministers and the Head of the Department of State Intelligence Services can void the imposed limits on the amount of an officer’s pension. Under such circumstances, the pension of the officer shall be paid in full.

Article One Hundred

If the criminal case of an officer is closed due to lack of sufficient evidence on charges against him, or if acquitted by the court his pension shall be determined and paid in accordance with the provisions of this law.

Article One Hundred and One

1. The pension of an officer who is relieved from duty shall be paid from the end of the month he was last paid.
   
2. The benefits of the dependents of a deceased officer shall be paid beginning the end of the month when the officer last received his salary or pension.
   

Article One Hundred and Two

The date of an officer’s death indicating his relief from his post shall be mentioned in the order of relevant authority.

Article One Hundred and Three

The date of a retired officer’s death shall be determined based on documents confirming his death.

Article One Hundred and Four

The pension of a retired officer who re-enlists in the ranks of the Armed Forces shall be terminated from the date of his enlistment, and his period of current service shall be added to the term of his previous service, which will serve as the basis for determining payment of his future pension.

Article One Hundred and Five

The pension of retired officers who are employed in government offices and establishments shall be paid in full. However, they shall not be entitled to promotion of their ranks or other privileges included in the provisions of this law.

Article One Hundred and Six

If a retired officer on reserve is demoted, his pension shall be paid based on the main salary for the demoted rank starting the date when the directive is issued.

If the previous rank of the officer is restored, pension shall be paid again based on that rank.

Article One Hundred and Seven

If a retired officer is convicted of crimes against the internal and external security of the Democratic Republic of Afghanistan and is sentenced to prison and abdication of his military rank, his pension shall be terminated.

Article One Hundred and Eight

The pension or the disability pay for the term of services of those retired officers who are sent to prison due to committing a crime, but are not stripped of their military rank shall be suspended. However, the dependents of the officer can submit a request to the Department of State Intelligence Services for determining their pension. The pension of family dependents, after deducting the share of the convicted retiree, shall be determined with the addition of sixty percent of the norms set by Article Sixty Six and Article Seventy Nine of this law.

Article One Hundred and Nine

Payment of pension to the dependent family members, which shall take place in accordance with Article One Hundred and Eight of this law, shall be terminated as of the end of the retired officer’s sentence or pardon. If the retired officer after release from prison is entitled to pension, based on his request to the respective Ministry and the Department of State Intelligence Services, his pension shall be determined eighty percent of the norms set in Articles 66 and 79 of this law.

Article One Hundred and Ten

If an officer is disabled or martyred defending the Saur Revolution, the provisions included in the law of Rights and Privileges of Injured, Disabled and Dependents of the Martyrs of the Sour Revolution shall be applied.

Article One Hundred and Eleven

Determining the amount of pension for officers and their dependents, its termination, suspension, repayment and changing the amount, shall be determined by the respective Ministers and the Head of the Department of State Intelligence Services

Article One Hundred and Twelve

The respective Ministries and the Department of State Intelligence Services shall count and prepare the individual retired officers and their dependents files.

Article One Hundred and Thirteen

The respective Ministries and the Department of State Intelligence Services shall send the first copy of the retiree’s file to the Ministry of Finance, and the Ministry of Finance, after examining the files, shall proceed with payment of the pension.

Article One Hundred and Fourteen

Under the following circumstances, the salary mentioned in Article Ninety Two of this law shall not be paid to an officer:

1. If an officer is discharged from duty in the Armed Forces due to committing disgraceful acts contrary to military honor.
   
2. If an officer is sentenced to more than a year of imprisonment by court order.
   
3. If an officer worked in civilian Ministries and administration before his discharge and continue to do so afterwards.
   

Chapter Nine
Final Provisions

Article One Hundred and Fifteen

After the approval of the Presidium of the Revolutionary Council, this law is binding and it shall be published in the official gazette.

With the ratification of this law, the following laws and regulations are annulled:

1. The law pertaining to the Affairs of the Officers approved in 1335 and its attachment dated 1349.
   
2. The second decree of the Revolutionary Council of the Democratic Republic of Afghanistan dated 09 Dalw, 1358 pertaining to awarding military ranks in the Armed Forces of the Democratic Republic of Afghanistan.
   
3. The resolution adopted on 29 Jaddi 29, 1359 by the Presidium of the Revolutionary Council of the Democratic Republic of Afghanistan regarding the revision of clause (b) of the First Article of the Second Decree of the Revolutionary Council of the Democratic Republic of Afghanistan, dated 09 Dalw, 1358.
   
4. The decree of the Presidium of the Revolutionary Council of the Democratic Republic of Afghanistan, dated 30/08/1360, regarding the revision of Article Seven of the Second Decree of the Revolutionary Council of the Democratic Republic of Afghanistan dated 09/11/1358.
   
5. The decree of the Presidium of the Revolutionary Council of the Democratic Republic of Afghanistan dated 27/11/1361, regarding the completion of the Second Decree of the Revolutionary Council with clauses (12) and (13) dated 9/11/1358.
   
6. The law of employment, promotion and retirement of police officers published in the official gazette, issue No 253 dated 28/07/1352, and its first appendix regarding the affairs of the police officers, published in the official gazette, issue No 409 dated 30/05/1359.
   

Provisions of other laws and decrees that are in contradiction to the provisions of the current law.