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The Interim Constitution of Nepal, 2063 (2007) - Digital Himalaya

The Interim Constitution of Nepal, 2063 (2007) - Digital Himalaya

The Interim Constitution of Nepal, 2063 (2007) - Digital Himalaya

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THE INTERIM CONSTITUTION OF NEPAL, <strong>2063</strong> (<strong>2007</strong>)AS AMENDED BY THE FIRST TO SIXTH AMENDMENTSPART 16ATTORNEY GENERAL134. Appointment <strong>of</strong> the Attorney General(1) <strong>The</strong>re shall be an Attorney General in <strong>Nepal</strong> who shall be appointed *bythe President on the recommendation <strong>of</strong> the Prime Minister. <strong>The</strong> AttorneyGeneral shall hold <strong>of</strong>fice during the pleasure <strong>of</strong> the Prime Minister.(2) No person shall be eligible to be appointed as Attorney General unlesshe/she is qualified to be appointed as a Judge <strong>of</strong> the Supreme Court.(3) <strong>The</strong> <strong>of</strong>fice <strong>of</strong> the Attorney General shall be deemed vacant under the followingcircumstances -(a) if he/she submits a resignation in writing **through the Prime Ministerto the President,(b) if ***the President on the recommendation <strong>of</strong> the Prime Minister removeshim/her from the <strong>of</strong>fice.(c) if he/she dies.(4) <strong>The</strong> remuneration and other facilities <strong>of</strong> the Attorney General shall be at parwith that <strong>of</strong> a judge <strong>of</strong> the Supreme Court. <strong>The</strong> other conditions <strong>of</strong> service <strong>of</strong> theAttorney General shall be as determined by law.135. Functions, duties and powers <strong>of</strong> the Attorney General(1) <strong>The</strong> Attorney General shall be the Chief Legal Advisor to the Government <strong>of</strong><strong>Nepal</strong>. It shall be the duty <strong>of</strong> the Attorney General to give opinions and adviceon constitutional and legal matters to the Government <strong>of</strong> <strong>Nepal</strong> and to suchother authorities as the Government <strong>of</strong> <strong>Nepal</strong> may specify.(2) <strong>The</strong> Attorney General or <strong>of</strong>ficers subordinate to him/her shall represent theGovernment <strong>of</strong> <strong>Nepal</strong> in suits in which the rights, interests or concerns <strong>of</strong> theGovernment <strong>of</strong> <strong>Nepal</strong> are involved. Unless this <strong>Constitution</strong> otherwise requires, theAttorney General shall have the right to make the final decision to initiate proceedingsin any case on behalf <strong>of</strong> the Government <strong>of</strong> <strong>Nepal</strong> in any court or judicial authority.212*Amended on 2065 Jestha 15 (May 28, 2008) by the <strong>Interim</strong> <strong>Constitution</strong> <strong>of</strong> <strong>Nepal</strong> (Fourth Amendment) Act, 2065. Originallyread: by the Prime Minister**Amended on 2065 Jestha 15 (May 28, 2008) by the <strong>Interim</strong> <strong>Constitution</strong> <strong>of</strong> <strong>Nepal</strong> (Fourth Amendment) Act, 2065. Originallyread: to the Prime Minister***Amended on 2065 Jestha 15 (May 28, 2008) by the <strong>Interim</strong> <strong>Constitution</strong> <strong>of</strong> <strong>Nepal</strong> (Fourth Amendment) Act, 2065. Originallyread: the Prime Minister

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