Article 164. Qualification for Chief of Province
A person who has the following qualification shall be eligible to become the Chief of Province:-
- (a)One who is eligible to become a member of the Federal Parliament;
- (b)One who has completed the age of thirty-five years; and
- (c)One who is not disqualified by any law.
Article 165. Vacation of Office of Chief of Province
- (1)The office of the Chief of Province shall fall vacant in any of the following circumstances:-
- (a)In case he or she tenders resignation in writing to the President;
- (b)In case his or her term of office expires or he or she is removed from office by the President prior to expiration of the term;
- (c)In case he or she dies.
- (2)In case the office of the Chief of Province of any Province falls vacant, the
President may so designate the Chief of Province of another Province to act as such also for such Province.
Article 166. Functions, Duties and Powers of Chief of Province
- (1)The Chief of Province shall exercise such powers and perform such duties as conferred to him or her in accordance with this Constitution or law.
- (2)In exercising the powers or fulfilling the duties pursuant to clause (1), the
Chief of Province shall perform all other functions to be performed by him or her on recommendation and with the consent of the Provincial Council of Ministers than those functions specifically provided to be performed on recommendation of any institution or official in accordance with this Constitution 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 Province pursuant to clause (2) and other instrument of authorization pertaining thereto shall be authenticated as provided for in the provincial law.
Article 167. Oath by Chief of Province
The Chief of Province shall, prior to assuming office, take an oath of office and secrecy before the President as provided for in the federal law. www.lawcommission.gov.np
Article 168. Constitution of Provincial Council of Ministers
- (1)The Chief of Province shall appoint the leader of the parliamentary party commanding a majority in the Provincial Assembly as the Chief Minister and the Provincial Council of Ministers shall be constituted under his or her chairpersonship.
- (2)In cases where no party has a clear majority in the Provincial Assembly pursuant to clause (1), the Chief of Province shall appoint as the Chief Minister a member of the Provincial Assembly who is able to command majority with the support of two or more parties representing to the Provincial Assembly.
- (3)In cases where the Chief Minister cannot be appointed pursuant to clause
- (2)within thirty days after the date of declaration of the final results of election to the
Provincial Assembly the Chief Minister so appointed fails to secure a vote of confidence pursuant to clause (4), the Chief of Province shall appoint as the Chief Minister the parliamentary party leader of the party which has the highest number of members in the Provincial Assembly.
- (4)The Chief Minister appointed pursuant to clause (2) or (3) shall secure a vote of confidence from the Provincial Assembly within thirty days after the date of such appointment.
- (5)In cases where the Chief Minister appointed pursuant to clause (3) fails to secure a vote of confidence under clause (4) and any member referred to in clause (2) presents a ground on which he or she is able to secure a vote of confidence in the
Provincial Assembly, the Chief of Province shall appoint such member as the Chief Minister.
- (6)The Chief Minister appointed pursuant to clause (5) shall secure a vote of confidence pursuant to clause (4).
- (7)In cases where the Chief Minister appointed pursuant to clause (5) fails to secure a vote of confidence or the Chief Minister cannot be appointed, the Chief of
Province shall, on recommendation of the Chief Minister, dissolve the Provincial Assembly and appoint a date of election so that the election to another Provincial Assembly is completed within six months.
- (8)Procedures on the appointment of the Chief Minister pursuant to this
Article shall be required to be completed within thirty-five days after the date of declaration of the final results of election to the Provincial Assembly held in www.lawcommission.gov.np accordance with this Constitution or the date on which the office of the Chief Minister has fallen vacant.
- (9)The Chief of Province shall, on recommendation of the Chief Minister, constitute the Provincial Council of Ministers consisting of a maximum of twenty percent of the total number of members of the Provincial Assembly, including the
Chief Minister, in accordance with the inclusive principle, from amongst the members of the Provincial 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
Provincial Assembly, and the Ministers shall be individually responsible for the business of their respective Ministries to the Chief Minister and the Provincial Assembly.
Article 169. Vacation of Office of Chief Minister and Minister
- (1)The office of the Chief Minister shall fall vacant in any of the following circumstances: -
- (a)In case he or she tenders resignation in writing to the Chief of Province;
- (b)In case a vote of no confidence is adopted against him or her or a vote of confidence is not adopted pursuant to Article 188;
- (c)In case he or she ceases to be a member of the Provincial Assembly;
- (d)In case he or she dies.
- (2)The office of a Minister shall fall vacant in any of the following circumstances: -
- (a)In case he or she tenders resignation in writing to the Chief Minister;
- (b)In case the Chief Minister removes him or her from the office;
- (c)In case the office of the Chief Minister falls vacant pursuant to sub- clause (a), (b) or (c) of clause (1);
- (d)In case he or she dies. www.lawcommission.gov.np
- (3)Even though the office of the Chief Minister falls vacant pursuant to clause (1), the same Council of Ministers shall continue to act until another Provincial
Council of Ministers is constituted. Provided that in case the Chief Minister dies, the senior-most Minister shall act as the Chief Minister until a new Chief Minister is appointed.
Article 170. Non-Member of Provincial Assembly may Become Minister
- (1)Notwithstanding anything contained in clause (9) of Article 168, the Chief of Province may, on the recommendation of the Chief Minister, appoint any person who is not a member of the Provincial Assembly as a Minister.
- (2)A Minister appointed pursuant to clause (1) shall be required to become a member of the Provincial Assembly within six months from the date of taking an oath by him or her.
- (3)In the event of failure to become a member of the Provincial Assembly within the period referred to in clause (2), he or she shall not be eligible to be reappointed to the office of Minister during the term of the then Provincial Assembly.
- (4)Notwithstanding anything contained in clause (1), a person who has lost the election to the then Provincial Assembly shall not be eligible to be appointed to the office of Minister pursuant to clause (1) during the term of such Provincial
Assembly.
Article 171. Remuneration and other Facilities of Chief Minister and Minister
The remuneration and other facilities of the Chief Minister and Ministers shall be as provided for in a provincial Act, and until such Act is made, shall be as specified by the Provincial Government.
Article 172. Oath
The Chief Minister and Ministers shall, before assuming their respective offices, take an oath of office and secrecy before the Chief of Province, and Ministers of State and Assistant Ministers, before the Chief Minister, as provided for in the provincial law.
Article 173. To Give Information to Chief of Province
The Chief Minister shall inform the Chief of Province about the following matters:-
- (a)Resolutions of the Provincial Council of Ministers;
- (b)Bills to be introduced in the Provincial Assembly; www.lawcommission.gov.np
- (c)Such other necessary information as commanded by the Chief of Province on matters set forth in clauses (a) and (b); and
- (d)Current general state of affairs of the Province.
Article 174. Transaction of Business of Provincial Government
- (1)The allocation and transaction of business of the Provincial Government shall be carried out in accordance with the rules approved by the Provincial Government.
- (2)No question shall be raised in any court as to whether or not the rules referred to in clause (1) have been observed. www.lawcommission.gov.np Provincial Legislature
Article 175. Provincial Legislature
The legislature of a Province shall be unicameral which shall be called as the Provincial Assembly.
Article 176. Composition of Provincial Assembly
- (1)Each Provincial Assembly shall consist of a number of members as follows:-
- (a)Members in a number that is twice as many as the number of members elected to the House of Representatives from the concerned Province, through the first past the post electoral system;
- (b)The number of members to be set pursuant to clause (a) shall be considered to be sixty percent, and the rest forty percent members to be elected, through the proportional electoral system.
- (2)Election constituencies shall be set on the basis of geography and population as provided for in the federal law for the election to members pursuant to sub-clause (a) of clause (1).
- (3)Sixty percent members of the Provincial Assembly shall be elected in accordance with the first past the post electoral system and the forty percent members in accordance with the proportional electoral system.
- (4)Election to the members of the Provincial Assembly pursuant to 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 Province and who has completed the age of eighteen years shall have a right to vote in any one election constituency in accordance with law.