nayan135/constitution · Datasets at Hugging Face

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declaration of the final results of election to the State Assembly held under this
Constitution or the date on which the office of the Chief Minister has fallen
vacant.
(9) The Chief of State shall, on recommendation of the Chief
Minister, constitute the State Council of Ministers consisting of a maximum of
twenty percent of the total number of members of the State Assembly,
including the Chief Minister, in accordan ce with the inclusive princip le, from
amongst the members of the State Assembly .
Explanation : For the purposes of this Article, "Minister" means a
Minister, Minister of State and Assistant Minister.
(10) The Chief Minister and Ministers shall be collectively
responsible to State Ass embly , and the Ministers shall be individually
responsible for the work of their respective Ministries to the Chief Minister and
the State Assembly .
112
169. Vacation of o ffice of Chief Minister and Minister : (1) The office of the Chief
Minister shall be vacant in any of the following circumstances:
(a) if he or she tenders resignation in writing to the Chief of State ,
(b) if a vote of no -confidence is passed against him or her under
Article 188 or a vote of confidence is not passed,
(c) if he or she ceas es to be a member of the State Assembly ,
(d) if he or she dies.
(2) The office of a Minister shall be vacant in any of the following
circumstances:
(a) if he or she tenders resignation in writing to the Chief Minister,
(b) if the Chief Minister re moves him or her from office,
(c) if the office of the Chief Ministe r falls vacant under sub -clause
(a), (b) or (c) of clause (1),
(d) if he or she dies.
(3) Even though the office of the Chief Minister falls vacant under
clause (1), the same Council of Ministers shall continue to act until another
State Council of Ministers is constituted.
Provided that if the Chief Minister dies, the senior -most Minister shall
act as the Chief Minister until a new Chief Minister is appointed.
170. Appointment of n on-member of State Assem bly as Minister : (1)
Notwithstanding anything contained in clause (9) of Article 168 , the Chief of
State may, on the recommendation of the Chief Minister, appoint any person
who is not a member of the State Assembly as a Minister.
113
(2) A Minister appointed under clause (1) must obtain membership
of the State Assembly within six months from the date of taking an oath by him
or her.
(3) In the event of failure to obtain member ship of the State
Assembly within the period mentioned in clause (2), he or she shall not be
eligible to be reappointed to the office of Minister during the term of the then
State Assembly .
(4) Notwithstanding anything contained in clause (1), a person who
has been defeated in the election to the then State Assembly shall be not
eligible to be appointed to the office of Minister under clause (1) during the
term of such State Assembly .
171. Remuneration and o ther Facilities of Chief Minister and Minister : The
remuneration and other facilities of the Chief Minister and Ministers shall be as
provided by a State Act, and until such Act is made, shall be as specified by the
State Government .
172. Oath : The Chief Minister a nd Ministers shall , before assuming their respective
offices, take an oath of office and secrecy before the Chief of State , and
Ministers of State and Assistant Ministers, before the Chief Minister, as
provided for in the State law.
173. To give i nformation to Chief of State : The Chief Minister sh all inform the
Chief of State about the following matters:
(a) resolutions of the State Council of Ministers,
(b) Bills to be introduced in the State Assembly ,
(c) such other necessary information as commanded by the Chief of
State on matters set forth in clauses (a) and (b), and
(d) current general state of affairs of the State.
114
174. Transaction of b usiness of State Government : (1) The allocation and
transaction of business of the State Government shall be carried out in
accordance with the rules approved by the State Government .
(2) No question shall be raised in any court as to whether or not the
rules under clause (1) have been observed.

115
Part-14
State Legislature
175. State Legislature : The legislatu re of a State shall be unicameral, which shall be
called as the State Assembly .
176. Composition of State Assembly : (1) Each State Assembly shall consist of a
number of members, as follows:
(a) Members in a number that is twice a s many as the number of
members elected to the House of Representatives from the
concerned State, through the first past the post electoral system,
(b) The number of members to be set under clause (a) shall be
considered to be sixty percent, and the rest f orty percent
members to be elected, through the proportional electoral system.
(2) Election constituencies shall be set on the ba sis of geography and
population as provided for in the Federal law, for the election to members
under sub -clause (a) of clause (1).
(3) Sixty percent members of the State Assembly shall be elected in
accordance with the first past the post electoral system and the forty percent
members in accordance with the proporti onal electoral system.
(4) Election to the members of the State Assembly under clause (3)
shall be held through adult suffrage by secret ballots in accordance with law.
(5) Each citizen of Nepal who resides within the territory of the State
and who has com pleted the age of eighteen years shall have a right to vote in
any one election consti tuency in accordance with law.
(6) The Federal law shall provide that, in fielding candidacy by
political parties for the election to the State Assembly under the proport ional
electoral system, representation shall be ensured on the basis of a closed list
116

declaration of the final results of election to the State Assembly held under this

Constitution or the date on which the office of the Chief Minister has fallen

vacant.

(9) The Chief of State shall, on recommendation of the Chief

Minister, constitute the State Council of Ministers consisting of a maximum of

twenty percent of the total number of members of the State Assembly,

including the Chief Minister, in accordan ce with the inclusive princip le, from

amongst the members of the State Assembly .

Explanation : For the purposes of this Article, "Minister" means a

Minister, Minister of State and Assistant Minister.

(10) The Chief Minister and Ministers shall be collectively

responsible to State Ass embly , and the Ministers shall be individually

responsible for the work of their respective Ministries to the Chief Minister and

the State Assembly .

112

169. Vacation of o ffice of Chief Minister and Minister : (1) The office of the Chief

Minister shall be vacant in any of the following circumstances:

(a) if he or she tenders resignation in writing to the Chief of State ,

(b) if a vote of no -confidence is passed against him or her under

Article 188 or a vote of confidence is not passed,

(c) if he or she ceas es to be a member of the State Assembly ,

(d) if he or she dies.

(2) The office of a Minister shall be vacant in any of the following

circumstances:

(a) if he or she tenders resignation in writing to the Chief Minister,

(b) if the Chief Minister re moves him or her from office,

(c) if the office of the Chief Ministe r falls vacant under sub -clause

(a), (b) or (c) of clause (1),

(d) if he or she dies.

(3) Even though the office of the Chief Minister falls vacant under

clause (1), the same Council of Ministers shall continue to act until another

State Council of Ministers is constituted.

Provided that if the Chief Minister dies, the senior -most Minister shall

act as the Chief Minister until a new Chief Minister is appointed.

170. Appointment of n on-member of State Assem bly as Minister : (1)

Notwithstanding anything contained in clause (9) of Article 168 , the Chief of

State may, on the recommendation of the Chief Minister, appoint any person

who is not a member of the State Assembly as a Minister.

113

(2) A Minister appointed under clause (1) must obtain membership

of the State Assembly within six months from the date of taking an oath by him

or her.

(3) In the event of failure to obtain member ship of the State

Assembly within the period mentioned in clause (2), he or she shall not be

eligible to be reappointed to the office of Minister during the term of the then

State Assembly .

(4) Notwithstanding anything contained in clause (1), a person who

has been defeated in the election to the then State Assembly shall be not

eligible to be appointed to the office of Minister under clause (1) during the

term of such State Assembly .

171. Remuneration and o ther Facilities of Chief Minister and Minister : The

remuneration and other facilities of the Chief Minister and Ministers shall be as

provided by a State Act, and until such Act is made, shall be as specified by the

State Government .

172. Oath : The Chief Minister a nd Ministers shall , before assuming their respective

offices, take an oath of office and secrecy before the Chief of State , and

Ministers of State and Assistant Ministers, before the Chief Minister, as

provided for in the State law.

173. To give i nformation to Chief of State : The Chief Minister sh all inform the

Chief of State about the following matters:

(a) resolutions of the State Council of Ministers,

(b) Bills to be introduced in the State Assembly ,

(c) such other necessary information as commanded by the Chief of

State on matters set forth in clauses (a) and (b), and

(d) current general state of affairs of the State.

114

174. Transaction of b usiness of State Government : (1) The allocation and

transaction of business of the State Government shall be carried out in

accordance with the rules approved by the State Government .

(2) No question shall be raised in any court as to whether or not the

rules under clause (1) have been observed.

115

Part-14

State Legislature

175. State Legislature : The legislatu re of a State shall be unicameral, which shall be

called as the State Assembly .

176. Composition of State Assembly : (1) Each State Assembly shall consist of a

number of members, as follows:

(a) Members in a number that is twice a s many as the number of

members elected to the House of Representatives from the

concerned State, through the first past the post electoral system,

(b) The number of members to be set under clause (a) shall be

considered to be sixty percent, and the rest f orty percent

members to be elected, through the proportional electoral system.

(2) Election constituencies shall be set on the ba sis of geography and

population as provided for in the Federal law, for the election to members

under sub -clause (a) of clause (1).

(3) Sixty percent members of the State Assembly shall be elected in

accordance with the first past the post electoral system and the forty percent

members in accordance with the proporti onal electoral system.

(4) Election to the members of the State Assembly under clause (3)

shall be held through adult suffrage by secret ballots in accordance with law.

(5) Each citizen of Nepal who resides within the territory of the State

and who has com pleted the age of eighteen years shall have a right to vote in

any one election consti tuency in accordance with law.

(6) The Federal law shall provide that, in fielding candidacy by

political parties for the election to the State Assembly under the proport ional

electoral system, representation shall be ensured on the basis of a closed list

116