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 87

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