www.lawcommission.gov.np (a) In case he or she tenders resignation in writing to the President; (b) In case a resolution of confidence is not adopted or a resolution of no confidence is adopted against him or her pursuant to Article 100; (c) In case he or she ceases to be a member of the House of Representatives; (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 Prime Minister; (b) In case the Prime Minister removes him or her from the office; (c) In case the office of Prime Minister falls vacant pursuant to subclause (a), (b) or (c) of clause (1); (d) In case he or she dies. (3) In case the office of Prime Minister falls vacant pursuant to clause (1), the same Council of Ministers shall continue to act until another Council of Ministers is constituted. Provided that in case the Prime Minister dies, the senior-most Minister shall act as the Prime Minister until a new Prime Minister is appointed. 78. Non-Member of Federal Parliament to become Minister: (1) Notwithstanding anything contained in clause (9) of Article 76, the President may, on the recommendation of the Prime Minister, appoint a person who is not a member of the Federal Parliament as a Minister (2) A Minister appointed pursuant to clause (1) shall be required to become a member of the Federal Parliament within six months from the date of taking oath by him or her. (3) In the event of failure to obtain membership of the Federal Parliament within the period referred to in clause (2), he or she shall not be qualified to be reappointed to the office of Minister during the term of the then House of Representatives. 44