www.lawcommission.gov.np
164.
Qualification for Chief of Province: A person who has the following qualification
shall be eligible to become the Chief of Province:-
165.
(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.
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.
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.
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.
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
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