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facilities and conditions of service of the employees of a State Judicial S ervice
shall be as provided for in the Federal law.
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Part- 12
Attorney General
157. Attorney General : (1) There shall be an Attorney General of Nepal.
(2) The President shall, on recommendation of the Prime Minister,
appoint the Attorney General. The Attorney General shall hold office during
the pleasure of the Prime Minister.
(3) A person who is qualified to be appointed as a Judge of the
Supreme Court shall be eligible to be appointed as the Attorney General.
(4) The office of the Attorney General shall be vacant in any of the
following circumstances:
(a) if he or she tenders resignation in writing to the President through
the Prime Minister,
(b) if he or she is removed from office by the President on
recommendation of the Prime Minister ,
(c) if he or she dies.
(5) The remuneration and other facilities of the Attorney General
shall be similar to those of a Judge of the Supreme Court. Other conditions of
service of the Attorne y General shall be in accordance with law.
158. Functions, duties and p owers of Attorney General : (1) The Attorney General
shall be the chief legal advisor to the Government of Nepal. It shall be the duty
of the Attorney General to give opinions and advic es on constitutional and
legal matters to the Government of Nepal and such other authorities as the
Government of Nepal may specify.
(2) The Attorney General or government attorneys subordinate to
him or her shall represent the Government of Nepal in lawsu its wherein the
rights, interests or concerns of the Government of Nepal are involved. Except
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as provided otherwise in this Constitution, the Attorney General shall have the
right to make a final decision as to whether to institute any case on behalf of
the Government of Nepal in any court , judicial body or authority.
(3) Opinion of the Attorney General must be obtained for
withdrawing a case filed on behalf of the Government of Nepal.
(4) The Attorney General may, upon in vitation by the Federal
Parliament or any of its committees, to appear and express his or her opinion
on any legal question in such a meeting .
(5) In the course of discharging the duties of his or her office, the
Attorney General shall have the right to appe ar in any Court, offi ce and
authority of Nepal.
(6) The Attorney General shall, in the course of performing his or
her duties, have the power to carry out the following acts, in addition to that set
forth in clause (2):
(a) to defend, on behalf of the Government of Nepal, any lawsuit in
which the Government of Nepal is a plaintiff or a defendant,
(b) to monitor, or cause to be monitored, whether any interpretation
given to a law or any legal principle laid down by the Supreme
Court in the course of hearing o f lawsuits has been implemented,
(c) if a complaint is made alleging that any person held in custody
has not been treated humanely subject to this Constitution or
such person has not been allowed to meet his or her relative o r
through his or her legal practitioner or if information of such
matter is received, to inquire thereinto and give necessary
directive to the concerned authority to prevent such act.
(7) The Attorney General may so delegate his or her functions,
duties an d powers under this Article to his or her subordinate government
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attorneys as to be exercised and complied with subject to the specified
conditions.
(8) In addition to the functions, duties and powers mentioned in this
Article, other functions, duties and powers of the Attorney General shall be
pursuant to this Constitution and the Federal law.
159. Annual report : (1) The Attorney General shall, every year, submit to the
President an annual report on the works which he or she has performed
pursuant to this Constitution and the Federal law, and the President shall cause
such report to be laid before the Federal Parliament through the Prime
Minister.
(2) The annual report to be submitted pursuant to clause (1) shall set
out, inter alia , the number of advices and opinions on constitutional and legal
matters rendered by him or her throughout the year, and short description of
such advices and opinions, details of cases institute d as state cases, details of
defenc e made in lawsuits in whic h the Government of Nepal is a plaintiff or
defendant, details of reforms to be made in the future in relation to cases to be
instituted as state cases and information relating to crime trends.
160. Chief Attorney : (1) There shall be a Chief Attorney in ev ery State, who shall
be subordinate to the Attorney General.
(2) The Chief of State shall, on recommendation of the concerned
Chief Minister, appoint the Chief Attorney . The Chief Attorney shall hold
office during the pleasure of the Chief Minister.
(3) A person who is qualified to be appointed as a Judge of High
Court shall be eligible to be appointed as the Chief Attorney .
(4) The office of the Chief Attorney shall be vacant in any of the
following circumstances:
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(a) if he or she tenders resignation in wr iting to the Chief of State
through the Chief Minister,
(b) if he or she is removed from office by the Chief of State on
recommendation of the Chief Minister,
(c) if he or she dies.
(5) The Chief Attorney shall be the chief legal advisor to the State
Government. It shall be the duty of the Chief Attorney to give opinions and
advices on constitutional and legal matters to the State Government and such
other authorities as the State Government may specify.
(6) The Office of Attorney General shall manage the employees
under the Office of Chief Attorney.
(7) The remuneration and other facilities of the Chief Attorney shall
be sim ilar to those of a Judge of High Court. The functions, duties and powers