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constitution

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and o ther conditions of service of the Chief Attorney sha ll be as provided for in
the State law.
161. Provisions r elatin g to conditions of service and f acilities : Provisions relating to
the remuneration, facilities and conditions of service of the government
attorneys and other employees under the Attorney Gener al shall be as provided
for in the Federal Act.
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Part -13
State Executive
162. Executive p ower of State : (1) The executive power of a State shall, pursuant to
this Constitution and the State law , be vested in the State Council of Ministers.
Provided that if a State Executive does not exist because of enforcement
of Federal governance, the Chief of State shall exercise the executive power of
the State as directed by the Government of Nepal.
(2) The responsibility for issuing general directives , controlling and
regulating the governance of the State shall, subject to this Constitution and
other laws, lie in the State Council of Ministers.
(3) All State executive functions shall be performed in the name of
the State Government.
(4) The executive power of the State shall be as mentioned in
Schedule -6, Schedule -7 and Schedule -9 subject to this Constitution.
Provided that the State Council of Ministers shall exercise the executive
powers in coordination with the Government of Nepal, except as explicitly
mentioned in this Constitution and in the Federal law in relation to concurrent
powers of the Federation and the State.
(5) Any decision or order to be issued in the name of the State
Government pursuant to clause (3) and other instruments of authorization
pertaining thereto shall be authenticated as provided for in the State law.
163. Provisions r elating to Chi ef of State : (1) There shall be a Chief of State in each
State, as a representative of the Government of Nepal.
(2) The President shall appoint one Chief of State for each State.
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(3) The term of office of a Chief of State shall be five years except
where the President removes him or her from office prior to the expiration of
his or her term of office.
(4) A person may not be the Chief of State for more than once in the
same State.
164. Qualification for Chief of State : A person who has the following qualification
shall be qualified to become the Chief of State :
(a) being qualified for being a member of the Federal Parliament,
(b) having completed the age of thirty five years, and
(c) Not being disqualified by any law.
165. Vacation of o ffice of Chie f of State : (1) The office of the Chief of State shall
become vacant in any of the following circumstances:
(a) if he or she tenders res ignation in writing to the President,
(b) if his or her term of office expires and he or she is removed from
office by t he President prior to expiration of the term,
(c) if he or she dies.
(2) If the office of the Chief of State of any State falls vacant, the
President may so designate the Chief of State of another State to act as such
also for such State.
166. Functions, duties and p owers of Chief of State : (1) The Chief of State shall
exercise such powers and perform such duties as conferred to him or her
pursuant to this Constitution or law.
(2) In exercising the powers o r duties under clause (1), the Chief of
State shall perform all other functions to be performed by him or her on
recommendation and with the consent of the State Council of Ministers than
those functions specifically provided to be performed on recommendation of
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any body or official pursuant to this Con stitution or law. Such recommendation
and consent shall be submitted through the Chief Minister.
(3) Any decision or order to be issued in the name of the Chief of
State under clause (2) and other instrument of authorization pertaining thereto
shall be aut henticated as provided for in the State law.
167. Oath by Chief of State : The Chief of State shall , prior to assuming office, take
an oath of office and secrecy before the President , as provided for in the
Federal law.
168. Constitution of State Council of Ministers : (1) The Chief of State shall appoint
the leader of the parliamentary party commanding a majority in the State
Assembly as the Chief Minister, and the State Council of Ministers shall be
constituted under his or her chairpersonship.
(2) In cases where no party has a clear majority in the State
Assembly under clause (1), the Chief of State shall appoint as the Chief
Minister a member of the State Assembly who can command majority with the
support of two or more parties representing to the State As sembly .
(3) In cases where the Chief Minister cannot be appointed under
clause (2) no later than thirty days after the date of declaration of the final
results of election to the State Assembly or the Chief Minister so appointed
fails to secure a vote of confidence under clause (4), the Chief of State shall
appoint as the Chief Minister the parliamentary party leader of the party which
has the highest number of members in the State Assembly .
(4) The Chief Minister appointed under clause (2) or (3) shall obtain
a vote of confidence from the State Assembly no later than thirty days after the
date of such appointment.
(5) In cases where the Chief Minister appointed under clause (3)
fails to obtain a vote of conf idence under clause (4) and any member under
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clause (2) presents a ground on which he or she can obtain a vote of confidence
in the State Assembly , the Chief of State shall appoint such a member as the
Chief Minister.
(6) The Chief Minister appointed under clause (5) must obtain a vote
of confidence under clause (4).
(7) In cases where the Chief Minister appointed under clause (5)
fails to obtain a vote of confidence or the Chief Minister cannot be appointed,
the Chief of State shall, on recommendation of t he Chief Minister, dissolve the
State Assembly and appoint a date of election so that the election to another
State Assembly is completed within six months.
(8) Procedures on the appointment of the Chief Minister under this
Article must be completed no lat er than thirty five days after the date of