The Gorkhaland Territorial Administration Act, 2011
west-bengal · 2011
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the GorkhalandTerritorial Administration Act, 2011
- S. 2Section 2 defines key terms used throughout the Gorkhaland Territorial Administration Act, 2011.
- S. 3(1) There shall be a Gorkhaland Territorial Administration comprising the region as specified in the district of Darjee
- S. 4Section 4 establishes the Gorkhaland Territorial Administration as a corporate entity with perpetual succession and legal standing to own property and enter contracts.
- S. 5Section 5 establishes the Gorkhaland Territorial Administration Sabha with elected and nominated members, including ex officio members without voting rights.
- S. 6(1) There shall be 45 constituencies covering the region for election to the Gorkhaland Territorial Administration Sabh
- S. 7The Government can amend any order made under section 6 of the Gorkhaland Territorial Administration Act.
- S. 8Section 8 specifies that only electors from designated constituencies can be elected to the Gorkhaland Territorial Administration Sabha.
- S. 9Section 9 of the Gorkhaland Territorial Administration Act, 2011, specifies the disqualifications for election to the Gorkhaland Territorial Administration Sabha.
- S. 10Section 10 specifies the electoral roll and voting rights for the Gorkhaland Territorial Administration Sabha elections.
- S. 11Section 11 allows eligible persons in the electoral roll to vote, except those disqualified under the Representation of the People Act.
- S. 12Section 12 outlines the election process for members of the Gorkhaland Territorial Administration Sabha.
- S. 13Section 13 outlines the process for subsequent elections and filling vacancies in the Gorkhaland Territorial Administration Sabha.
- S. 14Section 14 validates actions by elected members before a court-nullified election, ensuring their terms and results remain unaffected.
- S. 15Section 15 declares that the Gorkhaland Territorial Administration Sabha is deemed constituted upon publication of elected or nominated members in the Official Gazette.
- S. 16Section 16 details conditions under which a member's seat in the Gorkhaland Territorial Administration becomes vacant upon election to Parliament or State Legislature or failure to take oath.
- S. 17Section 17 outlines the term of office for elected members of the Gorkhaland Territorial Administration Sabha and conditions for caretaking administration if elections are delayed.
- S. 18Section 18 allows the government to remove elected members for criminal conviction, disqualifications, absence, or tax non-payment, with an appeal process.
- S. 19Section 19 allows the prescribed authority to disqualify a member of the Gorkhaland Territorial Administration Sabha for party membership changes or voting contrary to party majority.
- S. 20Section 20 allows the government to make rules for conducting elections for the Gorkhaland Territorial Administration Sabha.
- S. 21Section 21 makes electoral offenses under the Representation of the People Act applicable to elections under the Gorkhaland Territorial Administration Act.
- S. 22Section 22 of the Gorkhaland Territorial Administration Act, 2011 outlines the grounds and procedure for challenging elections to the Gorkhaland Territorial Administration Sabha.
- S. 23Section 23 requires non-Chief Executive members to take an oath before joining the Gorkhaland Territorial Administration Sabha.
- S. 24Section 24 provides that Members of the Gorkhaland Territorial Administration Sabha receive allowances fixed by the Sabha and approved by the Government.
- S. 25Section 25 mandates the Gorkhaland Territorial Administration Sabha to meet quarterly and requires a one-third quorum for business.
- S. 26Section 26 of the Gorkhaland Territorial Administration Act, 2011 grants the administration control over various sectors including agriculture, animal husbandry, education, and public works.
- S. 27Section 27 establishes a Regional Transport Authority for the Gorkhaland area, chaired by the District Magistrate.
- S. 28Section 28 empowers the Gorkhaland Territorial Administration to create and execute development plans for the region.
- S. 29Section 29 limits the Gorkhaland Territorial Administration's property acquisition and disposal to government approval for high-value or out-of-region transactions.
- S. 30Section 30 grants the Gorkhaland Territorial Administration power to create regulations for specified matters within its region.
- S. 31Section 31 allows the government to delegate non-enumerated state functions to the Gorkhaland Territorial Administration with its consent.
- S. 32Section 32 vests specified properties in the Gorkhaland Territorial Administration for its direction and use under the Act.
- S. 33Section 33 grants the Gorkhaland Territorial Administration power to collect taxes, tolls, fees, and rates within its region.
- S. 34Section 34 grants the Gorkhaland Territorial Administration oversight and directive authority over local governance bodies in the region.
- S. 35Section 35 authorizes the Gorkhaland Territorial Administration to inspect and examine properties, works, and funds of local councils.
- S. 36Section 36 resolves disputes between local bodies and the Gorkhaland Territorial Administration by referring them to the Government for a final decision.
- S. 37Section 37 outlines the election, removal, and resignation procedures for the Chairman of the Gorkhaland Territorial Administration Sabha.
- S. 38Section 38 details the conditions under which the Chief Executive and Deputy Chief Executive of the Gorkhaland Territorial Administration can resign, be removed, or cease to hold office.
- S. 39Section 39 details the full-time status, salaries, allowances, and leave entitlements for members of the Gorkhaland Territorial Administration's Executive Sabha.
- S. 40Section 40 outlines the Chief Executive's general administrative and supervisory responsibilities for the Gorkhaland Territorial Administration.
- S. 41Section 41 establishes the Executive Sabha, assigns departmental responsibilities, and prohibits conflicts of interest for its members.
- S. 42An Executive Sabha Member shall hold office as Executive Sabha Member Executive Sabha
- S. 43Section 43 vests administrative, financial, and executive functions of the Gorkhaland Territorial Administration in the Executive Sabha.
- S. 44The Executive Sabha shall refer to the Gorkhaland Territorial Administration Executive Sabha
- S. 45(1) The Chief Executive shall exercise such powers and discharge such functions as are conferred on him by or under thi
- S. 46The Chief Executive shall preside over the meeting of the Executive Sabha
- S. 47Section 47 sets the quorum for Executive Sabha meetings at one-third of its members.
- S. 48Section 48 allows the Executive Sabha to authorize the Chief Executive to act pending its approval.
- S. 49Section 49 allows the Chief Executive to bypass approval for urgent work to maintain services or public safety.
- S. 50Section 50 allows the Chief Executive to form committees with members for the Gorkhaland Territorial Administration's effective functioning.
- S. 51Section 51 establishes the Principal Secretary for the Gorkhaland Territorial Administration, outlining their role, salary, and non-transferability without consent.
- S. 52The section allows the government to assign a government officer as Secretary to the Gorkhaland Territorial Administration.
- S. 53Section 53 allows the government to appoint officers and experts to assist the Gorkhaland Territorial Administration.
- S. 54Section 54 authorizes the Gorkhaland Territorial Administration to create and regulate Group B, C, D posts, and appoint staff, with government approval.
- S. 55Section 55 establishes a fund for the Gorkhaland Territorial Administration, detailing its funding sources, allocation, and expenditure rules.
- S. 56Section 56 allocates royalties from forest fees, mineral licenses, and land revenue to the Gorkhaland Territorial Administration.
- S. 57Section 57 outlines the budget preparation and approval process for the Gorkhaland Territorial Administration, including government funding and expenditure restrictions.
- S. 58Section 58 allows the Gorkhaland Territorial Administration to submit supplementary budget estimates for approval.
- S. 59Section 59 allows the government to inspect and advise on the Gorkhaland Territorial Administration's accounts.
- S. 60Section 60 allows the government to transfer institutions and employees to the Gorkhaland Territorial Administration with no adverse change in service terms.
- S. 61Section 61 allows the government to annul or suspend regulations made by the Gorkhaland Territorial Administration if they conflict with the Constitution or existing laws.
- S. 62The State Planning Board shall have powers to supervise and evaluate the works of the Gorkhaland Territorial Administra
- S. 63Section 63 directs the Gorkhaland Territorial Administration to follow government instructions for its functions.
- S. 64Section 64 allows the government to dissolve and reconstitute the Gorkhaland Territorial Administration if it finds incompetence or abuse of power.
- S. 65Section 65 mandates that upon supersession, all members vacate office and new authorities appointed by the government assume all powers and duties of the administration.
- S. 66Section 66 allows the Gorkhaland Territorial Administration to make or adopt rules with Governor's approval, overriding state laws.
- S. 67Section 67 allows the government to create rules under the Act and mandates their presentation to the State Legislature for fourteen days.
- S. 68Section 68 designates officials of the Gorkhaland Territorial Administration as public servants under the Indian Penal Code.
- S. 69Section 69 ensures that vacancies or irregularities in the Gorkhaland Territorial Administration Sabha do not invalidate its actions.
- S. 70Section 70 provides immunity from lawsuits for the Gorkhaland Territorial Administration and its officials acting under the Act.
- S. 71Section 71 resolves interpretation disputes of the Act by referring them to the Government for a final decision.
- S. 72The section allows the government to issue orders to resolve issues with the Act, but only within two years of its publication.
- S. 73Section 73 ensures that laws apply to the Gorkhaland region unless explicitly excluded.
- S. 74The Darjeeling Gorkha Hill Council Act, 1988 is hereby repealed
- S. 1950(3) No person shall vote in more than one constituency