nayan135/constitution · Datasets at Hugging Face

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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.

104
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
105
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
106
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:
107
(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

103

facilities and conditions of service of the employees of a State Judicial S ervice

shall be as provided for in the Federal law.

104

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

105

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

106

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:

107

(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