The Darjeeling Hill Areas Development Council Act, 1976

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XXVI of 1976 
THE DARJEELING HILL AREAS DEVELOPMENT 
COUNCIL ACT, 1976. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta 
Gazette, Extraordinary, of the 3rd May, 1976.] 
[3rd May, 1976.] 
An Act to provide for the constitution of a Council to ensure 
co-ordinated and accelerated development of the hill areas of the 
Darjeeling District. 
WHEREAS it is expedient to provide for the constitution of a Council 
to ensure co-ordinated and accelerated development of the hill areas of 
the Darjeeling District and for matters connected therewith; 
It is hereby enacted in the Twenty-seventh Year of the Republic of 
India, by the Legislature of West Bengal, as follows:- 
1. This Act may be called the Darjeeling Hill Areas Development Short title 
Council Act, 1976. 	 and com- 
mencement. 
(2) It shall come into force on such date as the State Government 
may, by notification in the Official Gazette, appoint. 
2. In this Act, unless the context otherwise requires,— 	 Definitions. 
(a) "Chairman" means the Chairman of the Darjeeling Hill Areas 
Development Council constituted under this Act; 
(b) "Council" means the Darjeeling Hill Areas Development 
Council constituted under section 3; 
(c) "development", with its grammatical variations and cognate 
expressions, means the carrying out of building, engineering, 
mining or other operations in, on, over or under land or the 
making of any material change in any building or land and 
includes maintenance of supplies and services essential to the 
life of the community, providing proper facilities for transport, 
communication, irrigation or drainage and creating better living 
conditions generally; 
(d) "hill areas" means such area or areas in the district of Darjeeling 
as may be specified by the State Government by notification in 
the Official Gazette; 
153 
The Darjeeling Hill Areas Development Council Act, 1976. 
(Sections 3-6.) 
(e) "prescribed" means prescribed by rules made under this Act; 
(I) "Vice-Chairman" means the Vice-Chairman of the Council. 
[West Ben. Act 
Constitution 
of the 
Council. 
Members of 
the Council. 
Casual 
vacancies. 
Secretary 
and other 
staff of the 
Council. 
3. The State Government shall, by notification in the Official 
Gazette, constitute for the purposes of this Act a Council by the name of 
the Darjeeling Hill Areas Development Council. 
4. (1) The Council shall consist of a Chairman who shall be the 
Minister-in-charge of the Hill Affairs Branch of the Department of 
Development and Planning and a Vice-Chairman who shall be the 
Minister of State-in-charge of the Hill Affairs Branch of the Department 
of Development and Planning and the following other members, 
namely:— 
(a) the Vice-Chairman, State Planning Board, West Bengal, 
ex-officio; 
(b) the Secretary to the Government of West Bengal in the 
Department of Development and Planning, ex-officio; 
(c) the Commissioner, Jalpaiguri Division, ex-officio; 
(d) the Deputy Commissioner, Darjeeling, ex-officio; 
(e) seventeen other members to be nominated by the State 
Government. 
(2) The term of office of the members referred to in clause (e) of 
sub-section (1) shall be for such period as may be prescribed. 
5. (1) A member may resign his office by giving notice in writing 
to the State Government and on such resignation being accepted he shall 
be deemed to have vacated his office. 
(2) If the office of a member referred to in clause (e) of sub-
section (1) of section 4 falls vacant by reason of his death, resignation or 
otherwise the vacancy shall be filled up by the State Government by 
nomination as soon as possible and a member so nominated shall hold 
office for the unexpired portion of the term of office of the member 
whose place he fills. 
(3) No act or thing done by the Council shall be invalid merely on 
the ground of any vacancy or defect in its composition. 
6. (1) The Council shall have a Secretary and such other staff as 
may be determined by the State Government. 
(2) The Secretary and the other staff shall be appointed by the State 
Government on such terms and conditions as may be prescribed. 
154 
The Darjeeling Hill Areas Development Council Act, 1976. 
(Sections 7-14.) 
7. (1) The Council shall meet at such times, at such places and at 
such intervals as may be decided by the Chairman. 
976.] XXVI of 1  
Meetings 
of the 
Council. 
(2) Eight members shall form a quorum for a meeting of the 
Council: 
Provided that no quorum shall be necessary for an adjourned 
meeting. 
8. The Council shall be consulted by the State Government— 	 The State 
Government (i) in formulating the integrated development plans for the hill to consult 
areas, and 	 the Council. 
(ii) in implementing schemes and programmes for development of 
the hill areas. 
9. The Council shall be informed about the budgetary provisions Examination 
of budget made by different departments of the State Government relating to the relating to development of the hill areas. 	 hill areas. 
10. The members of the Council shall have the power to inspect, Power to 
survey or enquire with regard to any development scheme in the hill inspect, etc. 
areas and make recommendations to the State Government. 
11. The Council shall, in discharging its functions under this Act, Direction by 
be guided by such directions as the State Government may, by the State Go tale  notification in the Official Gazette, give from time to time. 
12. The members of the Council and the Secretary and the members Members of 
of the staff of the Council shall be deemed to be public servants within the Council, the Secretary 45 of 1860. the meaning of section 21 of the Indian Penal Code. 	 and other 
members of 
the staff of 
the Council 
to be public 
servants. 
13. No suit, prosecution or other legal proceeding shall lie against indemnity. 
any person for anything in good faith done or intended to be done under 
this Act. 
14. (1) The State Government may make rules for carrying out the Power to 
purposes of this Act. 	 make rules.  
(2) Such rules may provide for all or any matter which may be or is 
required to be prescribed. 
155 

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