In accordance with the provision in Article 160 (5) of the Constitution of Nepal, the Chief Advocate shall be the chief legal advisor to the provincial government and it shall be the duty of the Chief Advocate to advise the provincial government or other officials designated by the provincial government on constitutional and legal matters, this office has been engaged in the work of arguing, pleading and defending cases filed in which the Madhesh Provincial Government and its subordinate bodies are parties and the Madhesh Provincial Government is the defendant . Similarly, this office has been involved in the formulation of acts , rules and procedures made in the province and has also provided necessary advice for amending laws in a timely manner .
In accordance with the constitutional provision that the functions , duties and powers of the Chief Attorney and other conditions of service shall be governed by provincial laws, the Act , 2075 BS, made by the Provincial Assembly of Province Two to provide for the functions , duties and powers of the Chief Attorney and other conditions of service, has been passed and implemented. Section 4 of this Act provides for other functions , duties and powers in addition to the functions , duties and powers mentioned in Article 160 of the Constitution . The functions , duties and powers of the Chief Attorney as provided for in this Act are as follows:
- To appear in court and argue on behalf of the provincial government in cases of public importance or public concern in the context of the province concerned , involving any complex constitutional or legal question relating to the interpretation of the constitution or law in which the provincial government is for or against or in which the provincial government has rights, interests or concerns ,
- To provide legal opinion if requested by the Provincial Government , the Provincial Government Office or an official designated by the Provincial Government on any constitutional or legal question ,
- To write to the provincial government ministries or offices to ensure effective implementation of court orders or judgments in the name of the provincial government and subordinate bodies , and to monitor the implementation of orders or judgments ,
- To make recommendations to the provincial government , explaining the reasons for any urgent legislation or amending existing legislation on any matter within the province's jurisdiction.
- Provide necessary assistance in maintaining the standard of legal documents, including written responses to be presented to the court by ministries or offices of the provincial government ,
- To inspect the humane treatment of detainees and prisoners in detention centers , detention cells or prisons under the provincial government, prepare a report on the matter and provide necessary suggestions to the concerned bodies ,
- To provide opinions and suggestions in the establishment , procedures and other arrangements of any judicial body or quasi-judicial body established by provincial law ,
- To attend a meeting of the Provincial Parliament or any of its committees and express opinions on constitutional or legal questions , if invited by that Parliament or any of its committees,
- If the concerned officer sends a request to the Chief Attorney for the purpose of advocacy or defense in any case concerning the provincial government, the Chief Attorney may represent the case himself or appoint an officer from his office .
- If a decision or order made by any judicial or quasi-judicial body affects the rights and interests of the Provincial Government and no authority has been designated by law to file a case , appeal or petition for review against such decision or order or to obtain any other legal remedy, the Chief Advocate or an officer designated by him may file a case , appeal or petition for review against such decision or order with the concerned body in accordance with law .
- If the Chief Attorney General believes that any decision or action taken by an institution or body established under the provincial law is prejudicial to the rights and interests of the provincial government or has violated the constitution or prevailing laws , and no authority has been designated by law to appeal against such decision or action, the Chief Attorney General himself or an officer designated by him may obtain legal remedy against such decision or action .
- To appear before any court , judicial body , office and official of Nepal on matters involving the rights, interests and concerns of the provincial government ,
- May attend a meeting of the Provincial Assembly or any committee thereof and express opinions on legal questions, upon invitation .
- If it is deemed necessary to file , prosecute and defend any case of serious or public importance or of concern to the provincial government, an attorney may be appointed to do so .
- In consultation and coordination with the Attorney General, the Office of the High Government Attorney and the Office of the District Government Attorney may monitor and issue necessary instructions.
Vision:
To be established as an institution that provides effective advocacy and professional advice.
Mission:
Ensuring the Rule of Law.