www.lawcommission.gov.np Part-13 Provincial Executive 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. 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. (4) The same person may not be the Chief of Province for more than once in the same Province. 86

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