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India - Constitution - Directorate General of Mines Safety

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Article 163 Council <strong>of</strong> Ministers to aid and advise Governor(1) There shall be a Council <strong>of</strong> Ministers with the Chief Ministerat the head to aid and advise the Governor in the exercise <strong>of</strong>his function, except in so far as he is by or under this<strong>Constitution</strong> required to exercise his functions or any <strong>of</strong> them inhis discretion.(2) If any question arises whether any matter is or is not amatter as respects which the Governor is by or under this<strong>Constitution</strong> required to act in his discretion, the decision <strong>of</strong> theGovernor in his discretion shall be final, and the validity <strong>of</strong>anything done by the Governor shall not be called in questionon the ground that he ought or ought not to have acted in hisdiscretion.(3) The question whether any, and if so what, advice wastendered by Ministers to the Governor shall not be inquired intoin any court.Article 164 Other provisions as to Ministers(1) The Chief Minister shall be appointed by the Governor andthe other Ministers shall be appointed by the Governor on theadvice <strong>of</strong> the Chief Minister, and the Minister shall hold <strong>of</strong>ficeduring the pleasure <strong>of</strong> the Governor:Provided that in the States <strong>of</strong> Bihar, Madhya Pradesh andOrissa, there shall be a Minister in charge <strong>of</strong> tribal welfare whomay in addition be in charge <strong>of</strong> the welfare <strong>of</strong> the ScheduledCastes and backward classes or any other work.(2) The Council <strong>of</strong> Minister shall be collectively responsible tothe Legislative Assembly <strong>of</strong> the State.(3) Before a Minister enters upon his <strong>of</strong>fice, the Governor shalladminister to him the oaths <strong>of</strong> <strong>of</strong>fice and <strong>of</strong> secrecy accordingto the forms set out for the purpose in the Third Schedule.(4) A Minister who for any period <strong>of</strong> six consecutive months isnot a member <strong>of</strong> the Legislature <strong>of</strong> the State shall at theexpiration <strong>of</strong> that period cease to be a Minister.(5) The salaries and allowances <strong>of</strong> Ministers shall be such asthe Legislature <strong>of</strong> the State may from time to time by lawdetermine and, until the Legislature <strong>of</strong> the State so determines,shall be a specified in the Second Schedule.Article 165 Advocate-<strong>General</strong> for the State(1) The Governor <strong>of</strong> each State shall appoint a person who isqualified to be appointed a Judge <strong>of</strong> a High Court to beAdvocate-<strong>General</strong> for the State.(2) It shall be the duty <strong>of</strong> the Advocate-<strong>General</strong> to give adviceto the Government <strong>of</strong> the State upon such legal matters, and toperform such other duties <strong>of</strong> a legal character, as may fromtime to time be referred or assigned to him by the Governor,and to discharge the functions conferred on him by or underthis <strong>Constitution</strong> or any other law for the time being in force.(3) The Advocate-<strong>General</strong> shall hold <strong>of</strong>fice during the pleasure<strong>of</strong> the Governor, and shall receive such remuneration as theGovernor may determine.Article 166 Conduct <strong>of</strong> business <strong>of</strong> the Government <strong>of</strong> a State(1) All executive action <strong>of</strong> the Government <strong>of</strong> a State shall beexpressed to be taken in the name <strong>of</strong> the Governor.

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