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Part 13: State Executive

Article 162: Executive power of State

162. Executive power of State: (1) The executive power of a State shall, pursuant to this Constitution and the State law, be vested in the State Council of Ministers.

Provided that if a State Executive does not exist because of enforcement of Federal governance, the Chief of State shall exercise the executive power of the State as directed by the Government of Nepal.

(2) The responsibility for issuing general directives, controlling and regulating the governance of the State shall, subject to this Constitution and other laws, lie in the State Council of Ministers.

(3) All State executive functions shall be performed in the name of the State Government.

(4) The executive power of the State shall be as mentioned in

Schedule-6, Schedule-7 and Schedule-9 subject to this Constitution.

Provided that the State Council of Ministers shall exercise the executive powers in coordination with the Government of Nepal, except as explicitly mentioned in this Constitution and in the Federal law in relation to concurrent powers of the Federation and the State.

(5) Any decision or order to be issued in the name of the State Government pursuant to clause (3) and other instruments of authorization pertaining thereto shall be authenticated as provided for in the State law.

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