www.lawcommission.gov.np (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. 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 subclause (a), (b) or (c) of clause (1); (d) In case he or she dies. (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. 89

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