The Darjeeling Gorkha Hill Council Act, 1988

GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
West Bengal Act XIII of 1988 
THE DARJEELING GORKHA HILL COUNCIL 
ACT, 1988. 
[Passed by the West Bengal Legislature.] 
[Assent of the President of India was first published in the Calcutta 
Gazette, Extraordinary, of the 15th October, 1988.] 
[15th October, 1988.] 
An Act to provide for the establishment of a Council for the hill areas 
of the district of Darjeeling and for certain matters incidental 
thereto and connnected therewith. 
WHEREAS it is expedient to provide for the establishment of an 
autonomous Council for the social, economic, educational and cultural 
advancement of the Gorkhas and other sections of the people residing 
in the hill areas of the district of Darjeeling; 
It is hereby enacted in the Thirty-ninth Year of the Republic of 
India, by the Legislature of West Bengal, as follows:— 
CHAPTER I 
Preliminary. 
1. (1) This Act may be called the Darjeeling Gorkha Hill Council 
Act, 1988. 
(2) It shall come into force on such date as the State Government 
may, by notification in the Official Gazette, appoint, and different dates 
may be appointed for different provisions of this Act. 
2. In this Act, unless the context otherwise requires,— 	 Definitions. 
(a) "constituency" means a constituency provided by an order 
made under section 6 for the purpose of election to the 
General Council; 
(b) "Council Fund" means the fund constituted under 
section 52; 
(c) "election" includes general election and also an election to 
fill a seat or seats in the General Council; 
(d) "elector" in relation to a constituency means a person whose 
name is entered in the electoral roll of that constituency for 
the time being in force; 
Short title 
and 
commence-
ment. 
127 
The Darjeeling Gorkha Hill Council Act, 1988. 
[West Ben. Act 
General 
Council. 
(Chapter 1.—Preliminary.—Section 3.) 
"Executive Council" means the Executive Council of the 
General Council constituted under section 38; 
"General Council" means the Darjeeling Gorkha Hill Council 
constituted under this Act; 
"Government" means the Government of the State of West 
Bengal; 
"Gram Panchayat" means a Gram Panchayat constituted 
under section 4 of the West Bengal Panchayat Act, 1973; 
(i) "hill areas" means the territory comprising the three hill 
sub-divisions of the district of Darjeeling, namely, Darjeeling, 
Kalimpong and Kurseong, and includes the following mouzas 
in the sub-division of Siliguri of that district:— 
(1) Lohagarh Tea Garden, 
(2) Lohagarh Forest, 
(3) Rangmohan, 
(4) Barachenga, 
(5) Panighata, 
(6) Chota Adalpur, 
(7) Paharu, 
(8) Sukna Forest, 
(9) Sukna Part I, 
(10) Pantapati Forest I, 
(11) Mahanadi Forest, 
(12) Champasari Forest, and 
(13) Salbari Chhat Part II; 
(j) "member" means a member of the General Council; 
(k) "municipality" has the same meaning as in the Bengal 
Municipal Act, 1932; 
(1) "Official Gazette" means the Calcutta Gazette published by 
the Government; 
(m) "Panchayat Samiti" means a Panchayat Samiti constituted 
under section 94 of the West Bengal Panchayat Act, 1973; 
(n) "prescribed" means prescribed by rules made under this 
Act; 
(o) "State Planning Board" means the West Bengal State 
Planning Board established by the Government; 
(p) "Zilla Parishad" means a Zilla Parishad constituted under 
section 140 of the West Bengal Panchayat Act, 1973. 
3. (1) There shall be a General Council comprising the hill areas 
in the district of Darjeeling. 
(2) The General Council shall be constituted in the manner provided 
in this Chapter and shall exercise such powers and perform such 
functions as are provided in Chapter II. 
West Ben. 
Act XLI of 
1973. 
Ben. Act XV 
of 1932. 
128 
The Darjeeling Gorkha Hill Council Act, 1988. 
XIII of 1988.] 
(Chapter 1.—Preliminaty.--Sections 4-9.) 
4. The General Council shall be a body corporate, having perpetual 
succession and a common seal, with power to acquire, hold and dispose 
of property and to contract, and shall, by its corporate name, sue and 
be sued. 
5. (1) The General Council shall consist of forty-two members of 
whom two-thirds shall be elected, on the basis of adult suffrage, from 
the territorial constituencies referred to in section 6 and one-third shall 
be nominated by the Government. 
(2) The nominated members shall include, amongst others,— 
(i) the three members of the Legislative Assembly of the 
State of West Bengal elected from the constituencies of 
Darjeeling, Kurseong and Kalimpong and the member elected 
to the House of the People from the Darjeeling Parliamentary 
constituency, and 
(ii) the Chairman of the municipalities within the hill areas. 
(3) The Government shall provide for due representation of the 
non-Nepali communities like Bhutias and Lepchas while nominating 
the remaining members. 
Incorpora-
tion of 
General 
Council. 
Constitution 
and 
composition 
of General 
Council. 
6. (1) There shall be 28 constituencies covering the hill areas for Delimita-
tion of election to the General Council. Each constituency shall be a single constitu- 
member constituency and shall be territorial. 	 encies. 
(2) The Government shall, by order published in the Official Gazette, 
determine the territorial limits of constituencies into which the hill 
areas shall be delimited for the purpose of election of members to the 
General Council. 
7. 
The Darjeeling Gorkha Hill Council Act, 1988. 
XIII of 1988.] 
(1) There shall be 28 constituencies covering the hill areas for Delimita-
tion of election to the General Council. Each constituency shall be a single constitu- 
member constituency and shall be territorial. 	 encies. 
(2) The Government shall, by order published in the Official Gazette, 
determine the territorial limits of constituencies into which the hill 
areas shall be delimited for the purpose of election of members to the 
General Council. 
The Government may, from time to time, by order published Power to 
in the Official Gazette, alter or amend any order made under alter  amend in the Official Gazette, alter or amend any order made under alter  amend 
section 6. 	 delimitation. 
8. A person shall not be qualified to be elected as a member of Qualification 
the General Council unless he is an elector as defined in clause (d) of for member- 
of 
section 2. 	 General 
Council. 
9. (1) A person shall not be qualified for being elected to the Disquali-
General Council if— fication of 
members of 
(a) he is not a citizen of India; or 	 General 
Council. 
(b) he is less than 21 years of age on such date as may be fixed 
by the Government; or 
129 
The Darjeeling Gorkha Hill Council Act, 1988. 
[West Ben. Act 
(Chapter I.—Preliminary.—Section 9.) 
(c) he has been elected to any municipality, Panchayat Samiti 
or Gram Panchayat within the hill areas of Darjeeling; or 
(d) he is in the service of the Central or the State Government 
or a Gram Panchayat or a Panchayat Samiti or a municipal 
authority; or 
(e) he has, directly or indirectly by himself or by his partner 
or employer or employee, any share or interest in any 
contract with, by or on behalf of the General Council or a 
municipality or a Panchayat Samiti or a Gram Panchayat 
within the hill areas of Darjeeling: 
Provided that no person shall be deemed to be so 
disqualified by reason only of his having a share or interest 
in any public company, as defined in the Companies Act, 1 of 1956. 
1956, which contracts with or is employed by a Gram 
Panchayat, a Panchayat Samiti, or a municipal authority 
within the hill areas of Darjeeling or the General Council; 
or 
(f) he has been dismissed from the service of the Central or 
the State Government or a local authority or a co-operative 
society or a Government company as defined in the 
Companies Act, 1956 or a Corporation owned or controlled 
by the Central or the State Government for misconduct 
involving moral turpitude and five years have not elapsed 
from the date of such dismissal; or 
(g) he has been adjudged by a competent Court to be of unsound 
mind; or 
(h) he is an undischarged insolvent; or 
(i) he being a discharged insolvent has not obtained from the 
Court a certificate that his insolvency was caused by 
misfortune without any misconduct on his part; or 
(j) he has been convicted by a Court of an offence involving 
moral turpitude punishable with imprisonment for a period 
of more than six months or an offence under Chapter IXA 
of the Indian Penal Code or section 3 or section 9 of the 45 of 1860. 
West Bengal Local Bodies (Electoral Offences and West Ben. 
Act Miscellaneous Provisions) Act, 1952 or Chapter III of Part 1952.of  
VII of the Representation of the People Act, 1951 and five 43 of 1951. 
years have not elapsed from the date of expiration of the 
sentence. 
(2) For the purposes of this section, a person shall not be deemed 
to hold an office of profit under the General Council by reason only 
of his being a member, Chief Executive Councillor or Vice-Chairman 
thereof. 
130 
The Darjeeling Gorkha Hill Council Act, 1988. 
XIII of 1988.] 
(Chapter 1.—Preliminary.—Sections 10-13.) 
10. (1) So much of the electoral roll for any Assembly Constituency 
in force on the last date of nominations for the General Council election 
as relates to the area comprised within a constituency as defined in 
clause (a) of section 2 shall, subject to the provisions of this Act and 
the rules made thereunder, be the electoral roll for the election of 
members of the General Council from that constituency. 
(2) Persons whose names are included in the electoral rolls of the 
relevant Assembly constituencies in force on the last date of nominations 
for General Council election pertaining to the hill areas of the district 
of Darjeeling shall be the electorate for the election of members of the 
General Council. 
(3) The Government shall, at the time and in the manner prescribed, 
cause to be published the electoral roll in respect of a constituency of 
the General Council. 
Electoral 
rolls. 
11. (1) Save as otherwise provided in this Act, every person vRife.ht to 
whose name is, for the time being, entered in the electoral roll of any 	
o 
 
constituency within the hill areas shall be entitled to vote in that 
constituency. 
(2) No person shall vote at an election in any constituency, if he 
is subject to any of the disqualifications referred to in section 16 of 
43 of 1950. 	 the Representation of the People Act, 1950. 
(3) No person shall vote in more than one constituency. 
(4) No person shall vote in the same constituency more than once. 
(5) No person shall vote at any election if he is confined in a prison, 
whether under a sentence of imprisonment or transportation or otherwise, 
or is in the lawful custody of the police: 
Provided that nothing in this sub-section shall apply to a person 
subjected to preventive detention under any law for the time being in 
force. 
12. Election of members shall be held in accordance with the 
rules made under section 19 and the first election for the purpose of 
constituting the General Council shall be held on such date or dates 
as the Government may prescribe. 
13. (1) A general election subsequent to the first election shall be 
held for the purpose of constituting a new General Council before the 
expiration of the term of office of the members of the General Council 
as specified in section 17 or, in the case of its earlier dissolution, soon 
after such dissolution, on such day or days within a period of six months 
as the Government may fix. 
Election of 
members. 
General 
Election to 
General 
Council. 
131 
The Darjeeling Gorkha Hill Council Act, 1988. 
[West Ben. Act 
(Chapter 1.--Preliminary.—Sections 14-17.) 
(2) The Government may issue such orders as it may consider 
necessary or expedient to give effect to the provisions of this Act in 
regard to the holding of the first election referred to in section 12 and 
in regard to any matter connected therewith or incidental thereto. 
(3) If the office of an elected or nominated member becomes vacant 
by reason of his death, resignation or otherwise, the vacancy shall be 
filled by election or nomination, as the case may be, in accordance with 
the provisions of this Act and the rules made thereunder. 
Validation. 	 14. Where the members elected at a general election are restrained 
from functioning on account of the election as a whole being set aside 
by order of a Court, anything done or any action taken by such members 
before they are so restrained or before the election is so set aside, as 
the case may be, shall be deemed to have been validly done or taken. 
15. The names of all persons elected or nominated to the General 
Council shall be published by the Government in the Official Gazette 
and upon such publication, the General Council shall be deemed to have 
been duly constituted. 
16. If an elected member is chosen to be a member of Parliament 
or of the State Legislature then, at the expiration of fourteen days from 
the date of publication in the Gazette of India or the Official Gazette 
of the declaration that he has been so chosen, the seat of such member 
in the General Council shall become vacant unless he has previously 
resigned his seat in Parliament or the State Legislature, as the case 
may be. 
17. (1) The elected members shall hold office for a period of five 
years from the date appointed by the Government for the first meeting 
of the General Council after the general election for constitution of the 
General Council, unless it is dissolved earlier under section 61: 
Provided that the said period of five years may, if the circumstances 
exist which, in the opinion of the Government, render the holding of 
the election as aforesaid impracticable, be extended by the Government 
for a period not exceeding one year. 
(2) The nominated members shall hold office for a period of five 
years, provided that— 
(a) a member nominated under clause (i) or clause (ii) of sub-
section (2) of section 5 shall vacate the seat on his ceasing 
to be a member of the Legislative Assembly of the State of 
West Bengal or of the House of the People or on his ceasing 
to be the Chairman of the municipality, as the case may be, 
and 
Publication 
of results of 
elections. 
Vacation of 
seat. 
Term of 
office of 
members. 
132 
The Darjeeling Gorkha Hill Council Act, 1988. 
XIII of 1988.] 
Ben. Act V 
of 1919. 
West Ben. 
Act I of 
1957. 
(Chapter I—Preliminary—Sections 18, 19.) 
(b) in respect of others, unless and until the Government makes 
fresh nominations in their places. 
18. (1) The Government may, after giving an opportunity to an 
elected member of the General Council to show cause against the action 
proposed to be taken against him, by order remove him from office— 
(a) if after his election he is convicted by a criminal court of 
an offence involving moral turpitude punishable with 
imprisonment for a period of more than six months; or 
(b) if he incurs any of the disqualifications mentioned in sub-
section (1) of section 9 after his election as a member of 
the General Council; or 
(c) if he is absent from three consecutive meetings of the General 
Council without the leave of the General Council; or 
(d) if he does not pay any arrear in respect of any tax, toll, fee 
or rate payable under this Act or the Bengal Village Self-
Government Act, 1919, or the West Bengal Panchayat Act, 
1957. 
(2) Any member of the General Council who is removed from his 
office under sub-section (1) may, within thirty days from the date of 
the order, appeal to such authority as the Government may appoint in 
this behalf, and, thereupon, the authority so appointed may stay the 
operation of the order till the disposal of the appeal and may, after 
giving notice of the appeal to such authority as may be prescribed and 
after giving the appellant an opportunity of being heard, modify, set 
aside or confirm the order. 
(3) The order passed by the authority appointed under sub-
section (2) on such appeal shall be final. 
19. The Government may, by notification in the Official Gazette, 
make rules to regulate all or any of the following matters for the purpose 
of holding of elections to the General Council under this Act:— 
(a) the designation of the officer or authority to whom the 
power to determine the territorial limits of constituencies 
under sub-section (2) of section 6 may be delegated and the 
officer or authority who may prepare and maintain the 
electoral roll under section 10; 
(b) the appointment of Returning Officers, Presiding Officers 
and Polling Officers for election; 
(c) the drawing up of the programme of election; 
(d) the nomination of candidates and the scrutiny of such 
nomination; 
(e) the deposits to be made by candidates and the time and 
manner of making such deposits; 
Disquali-
fications of 
members. 
Power to 
make rules 
regulating 
the election 
of members. 
133 
The Darjeeling Gorkha Hill Council Act, 1988. 
[West Ben. Act 
(Chapter L—Preliminary.—Section 20.) 
(f) the withdrawal of candidatures; 
(g) the appointment of agents of candidates; 
(h) the filling up of casual vacancy; 
(i) the general procedure at the election including the time, 
place and hours of poll and the method by which votes shall 
be cast; 
(j) the fee to be paid on an election petition; 
(k) any other matter relating to election or election disputes in 
respect of which the Government deems it necessary to 
make rules under this section or in respect of which there 
is no provision in this Act or the provision is insufficient 
and, in the opinion of the Government, adequate provision 
is necessary. 
Disputes 
regarding 
elections. 
20. (1) No election shall be called in question except by an election 
petition presented in such manner as may be prescribed and before such 
authority as may be appointed by the Government, from time to time, 
by notification in the Official Gazette: 
Provided that no person below the rank of a District Judge within 
the meaning of article 236 of the Constitution of India shall be appointed 
for the purpose. 
(2) No election shall be called in question except on any one or 
more of the following grounds, namely:— 
(a) that on the date of his election the returned candidate was 
not qualified, or was disqualified, to be chosen to fill the 
seat in the General Council; 
(b) that a corrupt practice has been committed by a returned 
candidate or his election agent or by any other person with 
the consent of the returned candidate or his election agent. 
Explanation.—For the purposes of this section, "corrupt 
practice" shall mean any of the corrupt practices specified 
in section 123 of the Representation of the People Act, 43 of 1951. 
1951; 
(c) that any nomination has been improperly rejected; 
(d) that the result of the election in so far as it concerns the 
returned candidate has been materially affected— 
(i) by the improper acceptance of any nomination, or 
(ii) by any corrupt practice committed in the interest of 
the returned candidate by an agent other than his 
election agent, or 
134 
The Darjeeling Gorkha Hill Council Act, 1988. 
XIII of 1988.] 
(Chapter 1.—Preliminary.—,Sections 21, 22.—Chapter H.—Powers 
and Functions of the General Council.—Section 23.) 
(iii) by the improper reception, refusal or rejection of any 
vote, or 
(iv) by the reception of any vote which is void, or 
(v) by any non-compliance with the provisions of this Act 
or of any rules or orders made thereunder. 
(3) At the conclusion of the trial of an election petition the authority 
appointed under sub-section (1) shall make an order— 
(a) dismissing the election petition; or 
(b) declaring the election of all or any of the returned candidates 
to be void; or 
(c) declaring the election of all or any of the returned candidates 
to be void and the petitioner or any other candidate to have 
been duly elected. 
(4) If a petitioner, in addition to calling in question the election 
of a returned candidate, makes a declaration that he himself or any 
other candidate has been duly elected, and the authority under sub-
section (1) is of opinion that— 
(a) in fact the petitioner or such other candidate has received 
the majority of valid votes, or 
(b) but for the votes obtained by the returned candidate by 
corrupt practice the petitioner or such other candidate would 
have obtained the majority of the valid votes, 
the authority as aforesaid shall, after declaring the election of the 
returned candidate to be void, declare the petitioner or such other 
candidate, as the case may be, to have been duly elected. 
21. Every member shall, before taking his seat, make and subscribe Oath or 
before such person as may be appointed by the Government in this affirmation  by members. 
behalf, an oath or affirmation according to the prescribed form. 
22. Every member shall be entitled to receive such allowances as Allowances 
may be fixed by the General Council and as may be approved by the of members. 
Government. 
CHAPTER II 
Powers and Functions of the General Council 
23. (1) The General Council shall meet for the conduct of business Conduct of 
at least once in every three months and shall conduct its business in business.  
such manner and in accordance with such procedure as may be determined 
by it by regulations with the approval of the Government. 
135 
The Darjeeling Gorkha Hill Council Act, 1988. 
[West Ben. Act 
Matters to be 
under the 
control and 
adminis-
tration of the 
General 
Council. 
(Chapter IL—Powers and Functions of the General 
Council.—Section 24.) 
(2) The quorum necessary for the transaction of business at a 
meeting of the Council shall be fifteen members and the decision of 
the Council shall be by a simple majority of votes of the members 
present. 
24. Subject to the provisions of this Act and any other law for the 
time being in force and any general or special direction of the Government, 
the General Council shall have executive powers in the hill areas in 
relation to— 
(i) that allotment, occupation or use, or setting apart, of 
land other than any land which is a reserved forest, for 
the purpose of agriculture or grazing, or for residential 
or other non-agricultural purposes, or for any other 
purpose likely to promote the interest of the inhabitants 
of any village, locality or town. Such allotment, 
occupation or use, or setting apart, of land shall be 
subject to the provisions of the West Bengal Land Reforms 
Act, 1955 and the rules made thereunder; 
(ii) the management of any forest, not being a reserved 
forest. 
Explanation.—"Reserved forest" shall mean a reserved 
forest as constituted under the Indian Forest Act, 1927; 16 of 1927. 
(iii) the use of any canal or watercourse for the purpose of 
agriculture; 
(iv) agriculture; 
(v) public health and sanitation, hospitals and dispensaries; 
tourism; 
(vii) vocational training; 
(viii) public works—development and planning; 
(ix) construction and maintenance of all roads except national 
highways and State highways; 
(x) transport and development of transport; 
(xi) management of burials and burial grounds, cremations 
and cremation grounds; 
(xii) preservation, protection and improvement of livestock 
and prevention of animal diseases, veterinary training 
and practice; 
(xiii) pounds and the prevention of cattle trespass; 
(xiv) water, that is to say, water supplies, irrigation and canals, 
drainage and embankment, water storage; 
(xv) fisheries; 
(xvi) management of markets and fairs, not being already 
managed by municipal authorities, Panchayat Samitis 
or Gram Panchayats; 
West. Ben. 
Act X of 
1956. 
136 
The Darjeeling Gorkha Hill Council Act, 1988. 
XIII of 1988.] 
(Chapter II—Powers and Functions of the General 
Council.—Sections 25-29.) 
(xvii) education—primary, secondary and higher secondary; 
(xviii) works, lands and buildings vested in or in the possession 
of the General Council; 
(xix) small-scale and cottage industries. 
25. Subject to the general policy and direction of the Government, General 
the General Council shall— 	 powers. 
(i) formulate integrated development plans for the hill areas, 
and 
(ii) implement schemes and programmes for development of 
the hill areas. 
26. The power of the General Council to acquire, hold and dispose Power to 
uire, of property and to enter into contracts under section 4 shall be subject acq 
and dispose
hold 
 
to the condition that in all cases of acquisition or disposal of immovable of property 
etc. property, the General Council shall obtain previous approval of the 	 to be 
subject to 
Government. 	 previous 
approval of 
Government. 
27. (1) The General Council shall have power, subject to the Power to 
provisions of this Act and the rules made thereunder, to make, with make by- 
laws. 
the previous approval of the Government, by-laws to be applicable 
within the hill areas with respect to all or any of the matters enumerated 
in section 24 for the regulation and control thereof. 
(2) All by-laws made under sub-section (1) shall have effect upon 
their publication in the Official Gazette. 
28. Notwithstanding anything in this Act, the Government may, Power of 
Gover with the consent of the General Council, entrust either conditionally to entr
nment
ust 
or unconditionally to the General Council or to its officers functions functions. 
in relation to any matter, not enumerated in section 24, to which the 
executive power of the State extends. 
29. Subject to such restrictions or conditions as the Government Property 
may think fit to impose, all properties specified below and situated in vested in 
General 
the hill areas shall vest in and belong to the General Council with all Council. 
other properties which may become vested in the General Council and 
shall be under the direction, management and control of the General 
Council and shall be held and applied by it for the purposes of this Act, 
namely:— 
(a) all public buildings constructed and maintained out of the 
Council Fund; 
137 
The Darjeeling Gorkha Hill Council Act, 1988. 
[West Ben. Act 
(Chapter IL—Powers and Functions of the General 
Council.—Section 30.) 
(b) all public roads which have been constructed or maintained 
out of the Council Fund and stones and other materials 
thereof and also trees, erections, materials, implements and 
things provided for such roads; 
(c) all lands and other properties, movable or immovable, 
transferred to the General Council by the Government, 
(d) such properties owned and controlled by the Darjeeling 
Zilla Parishad in the hill areas of the district of Darjeeling 
as may be assigned to the General Council by the 
Government. 
Power to 
impose levy 
and collect 
taxes and 
fees. 
30. (1) Notwithstanding anything contained in any other law for 
the time being in force, the General Council shall have power to collect 
within the hill areas such taxes payable under any law for the time being 
in force as may be prescribed: 
Provided that the tax or taxes as aforesaid shall be collected by the 
General Council from such date as may be appointed by the Government 
in this behalf by notification in the Official Gazette. 
(2) Subject to such maximum rates as the Government may prescribe, 
the General Council may— 
(a) levy tolls on persons, vehicles or animals or any class of 
them at any toll-bar established by it on any road other than 
a kutcha road or any bridge vested in it or under its 
management; 
(b) levy tolls in respect of any ferry established by it or under 
its management; 
(c) levy the following fees and rates, namely:— 
(i) fee on the registration of boats or vehicles; 
(ii) fee for providing sanitary arrangements at such places 
of worship or pilgrimage, fairs and melas within its 
jurisdiction as may be specified by the Government by 
notification in the Official Gazette; 
(iii) fee for licences; 
(iv) water-rate, where arrangement for the supply of water 
for drinking, irrigation or any other purpose is made 
by the General Council within its jurisdiction; 
(v) lighting rate, where arrangement for lighting of public 
streets and places is made by the General Council 
within its jurisdiction. 
(3) The General Council shall not undertake registration of any 
vehicle or levy fee therefor and shall not provide senitary arrangements 
at places of worship or pilgrimage, fairs and melas within its jurisdiction 
or levy fee therefor if such vehicle has already been registered by any 
138 
The Darjeeling Gorkha Hill Council Act, 1988. 
XIII of 1988.] 
West Ben. 
Act XLI of 
1973. 
Ben. Act XV 
of 1932. 
(Chapter 11.—Powers and Functions of the General 
Council.—Sections 31-33.) 
other authority under any law for the time being in force or if such 
provision for sanitary arrangement has already been made by any other 
local authority. 
(4) The scales of tolls, fees or rates and the terms and conditions 
for the imposition thereof shall be such as may be provided by by-laws. 
Such by-laws may provide for exemption from all or any of the tolls, 
fees or rates in any class of cases. 
31. (1) Notwithstanding the provisions of the West Bengal 
Panchayat Act, 1973 or the Bengal Municipal Act, 1932, the General 
Council shall exercise general powers of supervision over Panchayat 
Sanzitis, Gram Panchayats and municipalities in the hill areas, and it 
shall be the duty of every such Panchayat Samiti, Gram Panchayat or 
municipality to give effect to any direction of the General Council on 
matters of policy or planning for development. 
(2) The General Council shall exercise all the powers of the Zilla 
Parishad under sections 153, 154, 155, 156, 157, 158, 159, 160, 161 
and 162 of the West Bengal Panchayat Act, 1973. 
Exercise of 
powers of 
supervision 
over muni-
cipalities, 
Panchayat 
Samitis and 
Grain 
Panchayats. 
32. The General Council may— 
(a) inspect, or cause to be inspected, any immovable property 
used or occupied by a Panchayat Samiti under it or any work 
in progress under the direction of the Panchayat Samiti, 
(b) inspect or examine, or depute an officer to inspect or examine, 
any department of the Panchayat Samiti, or any service, 
work or thing under the control of the Panchayat Samiti, 
(c) inspect or cause to be inspected utilisation of funds in 
respect of schemes or programmes assigned to the Panchayat 
Samiti by the Government for execution either directly or 
through the General Council, 
(d) require a Panchayat Samiti, for the purpose of inspection 
or examination as aforesaid,— 
(i) to produce any book, record, correspondence or other 
documents, or 
(ii) to furnish any return, plan, estimate, statement, 
accounts or statistics, or 
(iii) to furnish or obtain any report or information. 
33. If any dispute arises between a Gram Panchayat or a Panchayat Disputes. 
Samiti or a municipality in the hill areas and the General Council, such 
dispute shall be referred by the General Council to the Government and 
the decision of the Government thereon shall be final. 
Inspection of 
works of 
Panchayats. 
139 
The Darjeeling Gorkha Hill Council Act, 1988. 
[West Ben. Act 
(Chapter 111.—Chief Executive Councillor and Committees 
of the General Council.—Sections 34-36.) 
CHAPTER III 
Chief Executive Councillor and Committees of 
the General Council. 
Chief 
Executive 
Councillor 
and Vice-
Chairman. 
Term of 
office. 
Salaries and 
allowances. 
34. The elected members of the General Council shall, in the 
prescribed manner, elect from amongst themselves,— 
(a) at the first meeting of the General Council after a general 
election,— 
(i) one member to be the Chairman who shall also be the 
Chief Executive Councillor, and 
(ii) one member to be the Vice-Chairman, and 
(b) so often as a vacancy in the office of the Chief Executive 
Councillor or the Vice-Chairman, as the case may be, occurs 
by reason of death, resignation, removal or otherwise and 
within one month of the occurrence of such vacancy, one 
member to be the Chief Executive Councillor or the Vice-
Chairman, as the case may be. 
35. The Chief Executive Councillor or the Vice-Chairman, as the 
case may be, 
(a) shall cease to hold office as such forthwith if he ceases to 
be a member; 
(b) may, at any time, by giving notice in writing to the Chief 
Executive Councillor in the case of the Vice-Chairman and 
to the Vice-Chairman in the case of the Chief Executive 
Councillor, resign his office and such resignation shall take 
effect from such date as may be specified in the notice or, 
if no such date is specified, from the date of its receipt by 
the Chief Executive Councillor or the Vice-Chairman, as 
the case may be; 
(c) may be removed from office by a resolution carried by a 
majority of the total number of elected members at a special 
meeting of the General Council called for this purpose upon 
a requisition made in writing by not less than one-third of 
such members. 
36. The Chief Executive Councillor and the Vice-Chairman shall 
be whole-time functionaries and shall be paid out of the Council Fund 
such salaries and allowances and shall be entitled to such leave of 
absence for such period or periods on such terms and conditions as may 
be prescribed. 
140 
The Darjeeling Gorkha Hill Council Act, 1988. 
XIII of 1988.] 
(Chapter 111.—Chief Executive Councillor and Committees 
of the General Council.—Section 37.) 
37. (1) The Chief Executive Councillor shall— 
(a) be responsible for the maintenance of the records of the 
General Council; 
(b) have general responsibility for the financial and executive 
administration; 
(c) exercise administrative supervision and control over all 
officers and employees of the General Council, and the 
officers and employees whose services may be placed at the 
disposal of the General Council by the Government; 
(d) for the transaction of business under this Act or for the 
purpose of making any order under this Act, exercise such 
powers, perform such functions and discharge such duties 
as may be exercised, performed or discharged by the General 
Council under this Act or the rules made thereunder: 
Provided that the Chief Executive Councillor shall not 
exercise such powers, perform such functions or discharge 
such duties as may be required by the rules made under this 
Act to be exercised, performed or discharged by the General 
Council at a meeting; 
(e) exercise such other powers, perform such other functions 
and discharge such other duties as the General Council may, 
by general or special resoliftion, direct or as the Government 
may, by rules made in this behalf, prescribe. 
(2) The Vice-Chairman shall— 
(a) exercise such of the powers, perform such of the functions 
and discharge such of the duties of the Chief Executive 
Councillor as the Chief Executive Councillor may, from 
time to time, subject to the rules made in this behalf by the 
Government, delegate to him by order in writing: 
Provided that the Chief Executive Councillor may at any 
time withdraw the powers and functions delegated to the 
Vice-Chairman; 
(b) during the absence of the Chief Executive Councillor, 
exercise all the powers, perform all the functions and 
discharge all the duties of the Chief Executive Councillor; 
(c) exercise such other powers, perform such other functions, 
and discharge such other duties as the General Council may, 
by general or special resolution, direct or as the Government 
may, by rules made in this behalf, prescribe. 
Powers, 
functions 
and duties. 
141 
The Darjeeling Gorkha Hill Council Act, 1988. 
[West Ben. Act 
(Chapter III.—Chief Executive Councillor and Committees 
of the General Council.—Sections 38-40.) 
Executive 	 38. (1) There shall be an Executive Council consisting of the Chief Council. Executive Councillor and the Vice-Chairman as the ex officio members 
and seven other members of the General Council of whom five shall 
be nominated by the Chief Executive Councillor from amongst the 
elected members of the General Council and two shall be nominated 
by the Government from amongst the nominated members of the General 
Council, provided that no nominated member who is in Government 
service shall be eligible to be nominated as a member of the Executive 
Council. 
(2) The Chief Executive Councillor and the Vice-Chairman of the 
General Council shall respectively be the Chairman and the Vice-
Chairman of the Executive Council. 
(3) Any casual vacancy among the members of the Executive 
Council referred to in sub-section (1) occurring by reason of death, 
resignation or otherwise shall be filled by the Chief Executive Councillor 
in the case of an elected member and by the Government in the case 
of a nominated member: 
Provided that no act or proceedings of the Executive Council shall 
be called in question or shall become invalid merely by reason of any 
vacancy among its members. 
(4) The manner of transaction of business of the Executive 
Council shall be such as may be determined by the General Council 
by regulations with the approval of the Government. 
(5) The Executive Council shall be collectively responsible to the 
General Council. 
Term of 
office of 
other 
members of 
Executive 
Council. 
Discharge of 
functions. 
39. A member of the Executive Council, other than the Chief 
Executive Councillor or the Vice-Chairman, shall hold office until— 
(a) he ceases to be a member of the General Council, or 
(b) he resigns his office in writing under his hand addressed 
to the Chief Executive Councillor in which case the 
resignation shall take effect from the date of its acceptance, 
or 
(c) his nomination is cancelled by the Chief Executive 
Councillor where he is nominated by him or by the 
Government where he is nominated by the Government. 
40. (1) The executive functions of the General Council shall vest 
in the Executive Council. 
(2) All others or instruments made or executed by the Executive 
Council shall be deemed to have been made or executed by or under 
the authority of the General Council. Every such order or instrument 
142 
The Darjeeling Gorkha Hill Council Act, 1988. 
XIII of 1988.] 
(Chapter 111.—Chief Executive Councillor and Committees 
of the General Council.—Sections 41-46.) 
shall be authenticated by the signature of the head of the Executive 
Council or any other member of the Executive Council or by any officer 
of the Executive Council authorised in writing by the head of the 
Executive Council in this behalf. 
41. The Executive Council shall refer to the General Council for 
approval the following matters, namely:— 
(a) all proposals for making regulations or by-laws under the 
provisions of this Act; 
(b) all cases affecting the relations of Government with the 
General Council. 
Powers of 
Executive 
Council. 
42. (1) The Chief Executive Councillor shall exercise such powers General 
and discharge such functions as are conferred on him by or under this powers of 
Chief 
Act. 	 Executive 
Councillor. 
(2) The Chief Executive Councillor shall, for convenient transactions 
of business of the Executive Council, allocate among its members such 
business and in such manner as he thinks fit. 
43. The Chief Executive Councillor shall preside over the meetings 
of the General Council and the Executive Council. The Executive 
Council shall meet not less than once in every month for the transaction 
of business at such place and at such time as the Chief Executive 
Councillor may direct. 
Meetings. 
44. The quorum necessary for the transaction of business at a Quorum. 
meeting of the Executive Council shall be five members. 
45. (1) In any case in which the Chief Executive Councillor is Special 
required to take, in accordance with the provisions of this Act or the powers of  Chief 
rules made thereunder or of any other law for the time being in Executive 
force, any action subject to the approval of the Executive Council, the Councillor.  
Executive Council may, subject to such conditions, if any, as it may 
specify, authorise the Chief Executive Councillor in writing to take such 
action in anticipation of such approval. 
(2) Whenever the Chief Executive Councillor takes any action 
under sub-section (1), he shall inform the Executive Council forthwith. 
46. If the Chief Executive Councillor is satisfied that an emergency Execution of 
has arisen and is of the opinion that the immediate execution of any es 
work, etc. in 
cas of 
work or the doing of any act, which ordinarily requires the approval emergency. 
143 
The Darjeeling Gorkha Hill Council Act, 1988. 
[West Ben. Act 
(Chapter 111.—Chief Executive Councillor and Committees 
of the General Council.—Section 47.—Chapter 
Establishment of the General Council.—Section 48.) 
of the General Council or the Executive Council, is necessary for the 
maintenance of services or the safety of the public or the prevention 
of extensive damage to any property of the General Council, he may 
direct the execution of such work or the doing of such act without 
such approval and, in such cases, he may direct that the expenses for 
such execution or doing shall be paid from the Council Fund: 
Provided that the Chairman of the Executive Council shall report 
forthwith to the General Council or to the Executive Council, as the 
case may be, the action taken under this section and the reasons 
therefor. 
Committees. 	 47. The General Council may, from time to time, appoint out of 
its own body such committees as may be required for the efficient 
discharge of its duties. 
Chief 
Executive 
Officer. 
CHAPTER IV 
Establishment of the General Council 
48. (1) There shall be a Chief Executive Officer. 
(2) The Chief Executive Officer referred to in sub-section (1) shall 
be appointed by the Government in consultation with the Chief Executive 
Councillor and shall be paid out of the Council Fund such salaries and 
allowances as may, from time to time, be fixed by the Government. Such 
appointment shall ordinarily be for a period of three years. 
(3) The Chief Executive Officer shall be the principal Executive 
Officer of the General Council and all other officers of the General 
Council shall be subordinate to him. He shall have the right to be 
present at a meeting of the General Council or of the Executive Council 
or of any Committee of the General Council, and to take part in the 
discussions as if he were a member of the General Council or of the 
Executive Council or of the Committee as aforesaid and may, with the 
consent of the Chief Executive Councillor or any other person presiding 
over such meeting for the time being, as the case may be, at any time 
make a statement, or give an explanation, of facts, but he shall not be 
entitled to vote. 
(4) The Chief Executive Officer shall act under the direction of the 
Chief Executive Councillor and shall be responsible to the General 
Council through the Chief Executive Councillor. 
144 
The Darjeeling Gorkha Hill Council Act, 1988. 
XIII of 1988.1 
(Chapter IV—Establishment of the General Council.—
Sections 49-51.—Chapter V.—Funds and Audit.—Section 52.) 
(5) The General Council may, upon a resolution carried at a special 
meeting called for the purpose and supported by a majority of the 
total number of members holding office for the time being, request 
the Government for replacement of the Chief Executive Officer 
appointed under sub-section (2) and the Government may, on being 
satisfied as to the necessity of such replacement, replace the Chief 
Executive Officer: 
Provided that the Government may at any time withdraw the Chief 
Executive Officer appointed under sub-section (2) in consultation with 
the Chief Executive Councillor. 
49. The Government may appoint a Secretary for the General Council 
on such terms and conditions as the Government may determine in 
consultation with the Chief Executive Councillor. 
50. The Government may, in consultation with the Chief Executive 
Councillor, depute such other officers and experts as may be required 
to assist the General Council on such terms and conditions as the 
Government may determine. 
51. The General Council may, with the approval of the Government, 
appoint such officers and other employees as may be necessary for 
the due discharge of its functions and may, with the approval of 
the Government, make regulations relating to their conditions of 
service: 
Provided that the terms and conditions of service of an employee 
of the Government transferred to the General Council shall not be 
varied to his disadvantage: 
Provided further that where any disciplinary or other action is 
required to be taken against any such employee, the General Council 
shall make a reference to the Government for appropriate action. 
Appointment 
of Secretary. 
Deputation 
of other 
officers. 
Officers and 
other 
employees. 
CHAP 1E,R V 
Funds and Audit 
52. (1) There shall be a fund to be called the Council Fund to be Council 
held by the General Council in trust for

Excerpt shown. Open the full act in Lexace.

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