Attorney General
The constitutional office advising and representing the government in legal matters.
Article 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 in accordance with this Constitution and the federal law, and the President shall cause such report to be laid before the Federal Parliament through the Prime Minister. www.lawcommission.gov.np
- (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, along with short description of such advices and opinions, details of cases instituted as State cases, details of defence made in lawsuits in which 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.
Article 160. Chief Attorney
- (1)There shall be a Chief Attorney in every Province, who shall be subordinate to the Attorney General.
- (2)The Chief of Province 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 fall vacant in any of the following circumstances: -
- (a)In case he or she tenders resignation in writing to the Chief of Province through the Chief Minister;
- (b)In case he or she is removed from office by the Chief of Province on recommendation of the Chief Minister;
- (c)In case he or she dies.
- (5)The Chief Attorney shall be the chief legal advisor to the Provincial
Government. It shall be the duty of the Chief Attorney to give opinions and advices on constitutional and legal matters to the Provincial Government and such other authorities as the Provincial 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 similar to those of a Judge of High Court. The functions, duties and powers and other conditions of service of the Chief Attorney shall be as provided for in the provincial law. www.lawcommission.gov.np
Article 161. Provisions relating to Conditions of Service and Facilities
Provisions relating to the remuneration, facilities and conditions of service of the government attorneys and other employees under the Attorney General shall be as provided for in a Federal Act. www.lawcommission.gov.np Provincial Executive
Article 162. Executive Power of Province
- (1)The executive power of a Province shall, in accordance with this Constitution and provincial law, be vested in the Provincial Council of Ministers. Provided that in case a Provincial Executive does not exist because of enforcement of Federal rule, the Chief of Province shall exercise the executive power of the Province as directed by the Government of Nepal.
- (2)The responsibility for issuing general directives, controlling and regulating the governance of the Province shall, subject to this Constitution and other laws, lie in the Provincial Council of Ministers.
- (3)All Provincial Executive functions shall be performed in the name of the
Provincial Government.
- (4)The executive power of the Province shall be as referred to in Schedule-6,
Schedule-7 and Schedule-9 subject to this Constitution. Provided that the Provincial Council of Ministers shall exercise the executive powers in coordination with the Government of Nepal, except as explicitly provided for in this Constitution and in the federal law in relation to concurrent powers of the Federation and the Province.
- (5)Any decision or order to be issued in the name of the Provincial
Government pursuant to clause (3) and other instruments of authorization pertaining thereto shall be authenticated as provided for in the provincial law.
Article 163. Provisions relating to Chief of Province
- (1)There shall be a Chief of Province in each Province as a representative of the Government of Nepal.
- (2)The President shall appoint one Chief of Province for each Province.
- (3)The term of office of a Chief of Province shall be five years except where the President removes him or her from the office prior to the expiration of his or her term of office.