The Gorkhaland Territorial Administration Act, 2011

PHALGUNA 22] 	 MONDAY, MARCH 12, 2012 	 [SAKA 1933 
Walken 
vi2a 
Extraordinary 
Published by Authority 
Registered No. WB/SC-247 	 No. WB(Part-III)/2012/SAR-10 
PART III—Acts of the West Bengal Legislature. 
GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
NOTIFICATION 
No. 331-L.-12th March, 2012.—The following Act of the West Bengal Legislature. having been assented to by the 
President of India, is hereby published for general information:— 
West Bengal Act XX of 2011 
THE GORICHALAND TERRITORIAL ADMINISTRATION 
ACT, 2011. 
[Passed by the West Bengal Legislature.] 
[Assent of the President of India was first published in the Kolkata Gazette, 
Extraordinary, of the 12th March, 2012.] 
An Act to provide for the establishment of a Gorkhaland Territorial Administration 
for the region comprising the three sub-divisions Darjeeling, Kalimpong, Kurseong 
and some mouzas of Siliguri sub-division in the district of Darjeeling and for certain 
matters incidental thereto and connected therewith. 
WHEREAS the objective is to establish an autonomous self-governing body to 
administer the region so that the socio-economic, infrastructural, educational, cultural, 
and linguistic development is expedited and the ethnic identity of Gorkhas established, 
thereby achieving all round development of the people of the region; 
It is hereby enacted in the Sixty-second Year of the Republic of India, by the 
Legislature of West Bengal, as follows:— 
2 	 THE KOLKATA GA/I-1 EL, EXTRAORDINARY, MARCH 12, 2012 	 [PART HI 
The Gorkhaland Territorial Administration Act, 2011. 
(Chapter L—Prelimitzary.---Sections 1, 2.) 
CHAPTER I 
Preliminary 
1. (1) This Act may be called the GorkhalandTerritorial Administration Act, 2011. 
(2) It shall come into force and shall be deemed to have 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,— 
(a) "Chief Executive" means the Chief Executive of the GorkhalandTerritorial 
Administration as specified under sub-section (6) of section 37; 
(b) "constituency" means a constituency provided by an order made under 
section 6 for the purpose of election to the Gorkhaland Territorial 
Administration Sabha; 
(c) "election" includes general election and also an election to fill a seat or 
seats in the Gorkhaland Territorial Administration Sabha; 
(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; 
(e) "Executive Sabha" means the Sabha constituted under section 41; 
(t) "Executive Sabha Member" means the person nominated under sub-section 
(1) of section 41, and includes the Chief Executive or the Deputy Chief 
Executive of the Gorkhaland Territorial Administration; 
(g) "Gorkhaland Territorial Administration Sabha" means the Gorkhaland 
Territorial Administration Sabha constituted under this Act; 
(h) "Government" means the Government of the State of West Bengal; 
(i) "Gram Panchayat" means a Gram Panchayat constituted under section 4 
of the West Bengal Panchayat Act, 1973; 
(j) "Member" means a member of the Gorkhaland Territorial Administration 
Sabha; 
(k) "Municipality" has the same meaning as in clause (38A) of section 2 of 
the West Bengal Municipal Act, 1993; 
(1) "notification" means the notification published in the Official Gazette; 
(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) "region" 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: 
(i) Lohagarh Tea Garden, 
(ii) Lohagarh Forest, 
Rangmohan, 
(iv) Barachenga, 
(v) Panighata, 
(vi) Chota Adalpur, 
(vii) Paharu, 
(viii) Sukna Forest, 
(ix) Sukna Part I, 
(x) Pantapati Forest I, 
Short title and 
commencement. 
Definitions. 
West Ben. Act 
XLI of 1973. 
West Ben. Act 
XXII of 1993. 
PART III] 	
THE KOLKATA GA7FTTE, EXTRAORDINARY, MARCH 12, 2012 	 3 
The Gorkhaland Territorial Administration Act, 2011. 
(Chapter 1.—Preliminary.--Sections 3-6.) 
Mahanadi Forest, 
Champasari Forest, 
Salbari Chhat Part II, 
Si tong Forest, 
Sivoke Hill Forest, 
Sivoke Forest, 
Chhota Chenga, 
Nipania. 
Gorkhaland 
Territorial 
Administration. 
Delimitation of 
constituencies. 
(p) "rules" mean the rules made by the Government and includes the regulation 
made by the Gorkhaland Territorial Administration under this Act; 
(q) "Fund" means the fund constituted under section 55; 
(r) "State" means the State of West Bengal; 
(s) "State Planning Board" means the West Bengal State Planning Board 
established by the Government; 
(t) "Zilla Parishad" means a Zilla Parishad constituted under section 140 of 
the West Bengal Panchayat Act, 1973. 
3. (1) There shall be a Gorkhaland Territorial Administration comprising the 
region as specified in the district of Darjeeling. 
(2) The Gorkhaland Territorial Administration 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. 
4. The Gorkhaland Territorial Administration 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 Gorkhaland Territorial Administration shall have a Sabha to be called 
the GorkhalandTerritorialAdministration Sabha consisting of fifty Members, excluding 
ex officio members mentioned in sub-section (3), of whom forty-five shall be elected 
on the basis of adult suffrage, from the territorial constituencies referred to in section 6 
and five shall be nominated by the Governor. 
(2) The Members to be nominated under sub-section (1) by the Governor may 
include due representation of minorities, Scheduled Castes, Scheduled Tribes and 
women. 
(3) The Members of Parliament, the Members of the Legislative Assembly and 
the Chairpersons of the Municipalities of the region shall be ex officio Members of the 
Gorkhaland Territorial Administration Sabha: 
Provided that they shall not have the right to vote. 
6. (1) There shall be 45 constituencies covering the region for election to the 
Gorkhaland Territorial Administration Sabha. Each constituency shall be a single 
member constituency and shall be territorial. 
(2) The Government may, by order published in the Official Gazette, determine 
the territorial limits of constituencies into which the region shall be delimited for the 
purpose of election of members to the Gorkhaland Territorial Administration Sabha. 
(3) The Government may, by notification, constitute a Committee for examining 
the question of identification and transfer of additional areas of Siliguri, Terai and 
Dooars to the region: 
Provided that the Committee constituted by the Home Department, Government of 
West Bengal, vide its notification No. 371-HA of 29th day of July, 2011, and published 
in the Kolkata Gazette, Extraordinary, dated July, 29, 2011 shall be deemed to have 
been constituted under the provisions of this sub-section. 
Incorporation of 
Gorkhaland 
Territorial 
Administration. 
Constitution and 
composition of 
Gorkhaland 
Territorial 
Administration 
Sabha. 
West Ben. Act 
XLI of 1973. 
4 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 12, 2012 	 [PART III 
The Gorkhaland Territorial Administration Act, 2011. 
(Chapter 1.—Preliminary..—Sections 7-10.) 
Electoral rolls. 
(4) Notwithstanding anything contained in sub-section (3), the electoral process 
to constitute the Gorkhaland Territorial Administration Sabha shall be based on the 
delimitation of constituencies in the region as determined under sub-section (2) and 
the functions of the Committee constituted under sub-section (3) shall not affect the 
process of election in any manner. 
7. The Government may, from time to time, by order published in the Official 
Gazette, alter or amend any order made under sub-section (2) of section 6. 
8. A person shall not be qualified to be elected as a Member of the Gorkhaland 
Territorial Administration Sabha unless he is an elector from any one of the 
constituencies referred to in sub-section (1) of section 6. 
9. (1) A person shall not be qualified for being elected to the Gorkhaland 
Territorial Administration Sabha if— 
(a) he is not a citizen of India; or 
(b) he is less than 18 years of age; or 
(c) he has been elected to any municipality, Zilla Parishad, Panchayat Samiti 
or Grain Panchayat within the region under this Act; or 
(d) he is in the service of the Central or the State Government or a Gram 
Panchayat or a Panchayat Samiti or a Zilla Parishad or a municipality; 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 Gorkhaland Territorial Administration or a municipality or a Zilla 
Parishad or a Panchayat Samiti or a Gram Panchayat within the region; 
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, 1860 or section 3 or 
section 9 of the West Bengal Local Bodies (Electoral Offences and 
Miscellaneous Provisions) Act, 1952 or Chapter BI of Part VII of the 
Representation of the People Act, 1951 and five 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 Gorkhaland Territorial Administration Sabha by reason only of his 
being a Member, Chief Executive, Deputy Chief Executive, Chairman and Deputy 
Chairman thereof. 
10. (1) So much of the electoral roll for any Assembly Constituency in force on 
the last date of nominations for the GorkhalandTerritorialAdministration Sabha election 
as relates to the area comprised within a constituency as defined in clause (b) 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 from that constituency. 
Power to alter or 
amend 
delimitation. 
Qualification for 
membership of 
Gorkhaland 
TerritorialAdmi-
nistration Sabha. 
Disqualification of 
member of 
Gorkhaland 
Territorial 
Administration 
Sabha. 
1 of 1956. 
45 of 1860. 
West Ben. Act 
X of 1952. 
43 of 1951. 
PART 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 12, 2012 	 5 
The Gorkhaland Territorial Administration Act, 2011. 
(Chapter 1.—Preliminary.—Sections 11-13.) 
(2) Persons whose names are included in the electoral rolls of the relevantAssembly 
constituencies in force on the last date of nominations for Gorkhaland Territorial 
Administration Sabha election pertaining to the region under this Act shall be the 
electorate for the election of Members. 
(3) The Government shall, at any time and in the manner prescribed, cause to be 
published the electoral roll in respect of a constituency of the Gorkhaland Territorial 
Administration Sabha. 
Right to vote. 
Election of 
members. 
General election 
to Gorkhaland 
Tertitoral 
Administration 
Sabha. 
11. (1) Save as otherwise provided in this Act, every person whose name is, for 
the time being, entered in the electoral roll of any constituency within the region shall 
be entitled to vote for 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 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 subject to preventive 
detention under any law for the time being in force. 
12. (1) Election of Members shall be held in accordance with the rules made under 
section 20 and the first election for the purpose of constituting the Gorkhaland Territorial 
Administration Sabha shall be held on such date or dates as the Government may, by 
notification, appoint. 
(2) The election shall be conducted by the Government. 
13. (1) A general election subsequent to the first election shall be held for the 
purpose of constituting a new Gorkhaland Territorial Administration Sabha, before the 
expiration of the term of office of the Members, or as the case may be, the term of 
office of the Administrator or the Board of Administrators 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. 
(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. 
(4) If a person is elected to more than one seat in the Gorkhaland Territorial 
Administration Sabha, then, unless within a period of thirty days from the last of the 
dates of election of such person he resigns all but one of the seats by writing under his 
hand addressed to the authority or officer etc. referred to in clause (b) of section 20, all 
the seats shall become vacant. 
(5) For the purpose of sub-section (4) of this section and sub-sections (3) and (4) 
of section 16, the date on which a person is declared by the returning officer to be 
elected to the Gorkhaland Territorial Administration Sabha, shall be the date of his 
election. 
43 of 1950. 
6 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 12, 2012 	 [PART III 
The Gorkhaland Territorial Administration Act, 2011. 
(Chapter L—Preliminary.---Sections 14-17.) 
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. 
Publication of 
results of 
elections. 
Vacation of seat. 
itrm of office of 
members. 
15. The names of all persons elected or nominated to the Gorkhaland Territorial 
Administration Sabha shall be published by the Government in the Official Gazette 
and upon such publication, the Gorkhaland Territorial Administration Sabha shall, 
notwithstanding anything contained elsewhere in this Act, be deemed to have been 
duly constituted. 
16. (1) 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 Gorkhaland Territorial Administration Sabha shall 
become vacant unless he has previously resigned his seat in Parliament or the State 
Legislature, as the case may be. 
(2) If a Member of Parliament or the State Legislature is elected as a Member 
then, at the expiration of fourteen days from the date of publication in the Official 
Gazette of the declaration that he has been so elected, the seat of such Member in the 
Gorkhaland Territorial Administration Sabha shall become vacant, and he shall be 
debarred from contesting any election to the Gorkhaland Territorial Administration 
Sabha for a period of ten years unless he has previously resigned his seat in Parliament 
or the State Legislature, as the case may be. 
(3) If any Member fails to make and subscribe within three months from the date 
of his election or nomination to the Gorkhaland Territorial Administration Sabha an 
oath or affirmation in accordance with the provisions of section 23 or sub-section (10) 
of section 37, then, at the expiration of the said period, the seat of such Member in the 
Gorkhaland Territorial Administration Sabha shall become vacant. 
(4) If a person who is already nominated to the Gorkhaland Territorial 
Administration Sabha is elected to the Gorkhaland Territorial Administration Sabha, 
his seat in the Gorkhaland Territorial Administration Sabha as a nominated Member 
shall, on the date of his election, become vacant. 
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 Gorkhaland Territorial 
Administration Sabha after the general election for constitution of the Gorkhaland 
Territorial Administration Sabha, unless it is dissolved earlier under section 64: 
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: 
Provided further that if it is not possible at any time, within the extended period of 
one year as specified in the first proviso, to hold the first meeting which is required to 
be held after each general election for constitution of a new Gorkhaland Territorial 
Administration Sabha, the Government may, by order, appoint any person to be 
designated as the Administrator, or constitute a Board of Administrators consisting of 
several persons, one of whom to be appointed as Chairperson of such Board, to exercise 
the caretaking powers of the Gorkhaland Territorial Administration Sabha for a period 
not exceeding six months at a time or until the date on which the first meeting of the 
newly elected Gorkhaland TerritorialAdministration Sabha is held, whichever is earlier: 
Provided also that if the Government may consider necessary so to do in the public 
interest, it may, by order, change the Administrator or reconstitute the Board of 
Administrators. 
PART 1111 	
THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 12, 2012 	 7 
Removal of 
members. 
The Gorkhaland Territorial Administration Act, 2011. 
(Chapter I.—P reliminary—Se ctions 18, 19.) 
(2) An elected Member, other than the Chief Executive of the Gorkhaland Territorial 
Administration, shall cease to hold office if— 
(a) he ceases to be a Member, or 
(b) he resigns his office in writing under his hand addressed to the Chairman 
of the Gorkhaland Territorial Administration Sabha, in which case the 
resignation shall take effect from the date of its acceptance by the 
Chairman. 
(3) A nominated Member shall hold office until— 
(a) he resigns his office in writing under his hand addressed to the Governor, 
and the resignation shall take effect from the date of its acceptance by the 
Governor, or 
(b) his nomination is cancelled by the Governor, or 
(c) a fresh nomination is made in his place by the Governor, or 
(d) a new Gorkhaland Territorial Administration Sabha is constituted after a 
General Election held under sub-section (1) of section 13. 
18. (1) The Government may, after giving an opportunity to an elected Member 
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 
if he incurs any of the disqualifications mentioned in sub-section (1) of 
section 9 after his election as a Member; or 
(c) if he is absent from three consecutive meetings of the Gorkhaland Territorial 
Administration Sabha without the leave of the Gorkhaland Territorial 
Administration Sabha; 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, 1973. 
(2) Any Member 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, theAuthority 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. 
(b) 
Ben. Act 
V of 1919. 
West Ben. Act 
XLI of 1973. 
Disqualification 
on ground of 
defection. 
19. (1) Notwithstanding anything to the contrary contained elsewhere in this Act, 
the prescribed authority for the GorkhalandTerritorialAdministration Sabha (hereinafter 
referred to as the prescribed Authority) may, subject to the other provisions of this 
section, declare, for reasons to be recorded in writing, a Member to be disqualified for 
being a Member thereof, if— 
(a) he is an elected Member set up by a recognized political party, and has— 
(i) voluntarily given up his membership of such recognized political 
party, or 
(ii) exercised the voting right contrary to the manner of voting of the 
majority Members set up by such recognized political party; or 
(b) he is an elected Member not set up by any recognized political party and 
has joined a recognized political party on the expiry of six months from 
the date of election: 
8 	 THE KOLKATA GA/J'TTE, EXTRAORDINARY, MARCH 12, 2012 	 [PART III 
The Gorkhaland Territorial Administration Act, 2011. 
(Chapter 1.—Preliminary.—Section 19.) 
Provided that the prescribed Authority shall not declare any Member to be 
disqualified under this section without giving to such Member a reasonable opportunity 
to represent his case and to be heard in person: 
Provided further that an elected Member referred to in sub-clause (ii) of clause (a) 
shall not, on the prescribed authority being satisfied in this behalf, be declared to be 
disqualified if— 
(a) the action of such Member was taken on obtaining prior permission of, or 
was condoned by, such recognized political party, or 
(b) such Member claims that he and any other Member of such recognized 
political party constitute a group representing a faction consisting 
of not less than one-third of the total number of Members set up 
by such recognized political party in the Gorkhaland Territorial 
Administration Sabha and that all the Members set up by such group have 
voluntarily given up their Membership of such recognized political 
party, or 
(c) the former recognized political party of the Member merges with another 
recognized political party, and he claims that he and other Members of his 
former recognized political party— 
(i) have become Members of such other recognized political party or 
of a new recognized political party formed out of merger, as the 
case may be, or 
(ii) have not accepted the merger, and from the time of such merger, he 
and such other Members constituting not less than one-third of the 
total number of members set up by the former recognized political 
party in the GorkhalandTerritorialAdministration Sabha, have opted 
to remain members of the former recognized political party or have 
formed a new recognized political party. 
(2) On being declared to be disqualified under sub-section (1), a Member shall, 
subject to the provisions of sub-section (12), stands removed from the Gorkhaland 
Territorial Administration Sabha from the date of such declaration. 
(3) As soon as may be within one month from the date of the first meeting of a 
GorkhalandTerritorialAdministration Sabha, elected Members set up by the recognized 
political parties shall, by adopting a resolution, select one Member from amongst 
themselves to be the Leader and such Leader shall, within fifteen days from the date of 
such selection, furnish to the prescribed Authority referred to in sub-section (1)— 
(0 a copy of the resolution, 
(ii) a signed statement containing the names, addresses and 
constituencies of himself and other members set up by such 
recognized political party, and 
(iii) a copy of a set of rules and regulations, if any, by whatever name 
called, of such recognized political party: 
Provided that an office-bearer may also hold the office of the Leader. 
(4) Where there is only one elected Member set up by a recognized political party 
in a GorkhalandTerritorialAdministration Sabha, he shall furnish the documents referred 
to in sub-section (3) in relation to himself: 
THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 12, 2012 	 9 PAM' Ili] 
The Gorkhaland Territorial Administration Act, 2011. 
(Chapter 1.—Preliminarv.—Section 19.) 
Provided that in the event of any increase in the number of Members of such 
recognized political party, the provisions of sub-section (3) shall apply as if the first 
meeting of the Gorkhaland Territorial Administration Sabha was held on the date on 
which such increase took place. 
(5) A Member not belonging to any recognized political party shall furnish a 
statement to that effect to the prescribed Authority referred to in sub-section (1) within 
one month from the date of the first meeting of the GorkhalandTerritorialAdministration 
Sabha. 
(6) In the event of any change of the information furnished under sub-section (3), 
sub-section (4) or sub-section (5), the Leader or the member, as the case may be, 
shall, as soon as may be within fifteen days from the date of such change, furnish 
in writing such change of information to the prescribed Authority referred to in 
sub-section (1). 
(7) The Leader of any recognized political party referred to in sub-section (3) may 
at any time file a petition endorsed by the General Secretary, or, if there is no General 
Secretary, the Secretary, of the district unit of such recognized political party to the 
prescribed Authority referred to in sub-section (1), stating that— 
(a) one or more member of such recognized political party have— 
(i) voluntarily given up his or her membership of such recognized 
political party, or 
(ii) exercised the voting right contrary to the manner of voting of the 
majority members set up by such recognized political party in the 
Gorkhaland Territorial Administration Sabha, or 
(b) the member referred to in sub-section (4) has voluntarily given up his 
membership of the recognized political party that set him up, or 
(c) the member referred to in sub-section (5) has joined a recognized political 
party on the expiry of six months from the date of election, and that 
such member or members should be declared to be disqualified under 
sub-section (1) and should be removed from the Gorkhaland Territorial 
Administration Sabha. 
(8) Every petition referred to in sub-section (7)— 
(a) shall contain a concise statement of the material facts on which the 
petitioner relies, and 
(b) shall be accompanied by copies of the documentary evidence, if any, on 
which the petitioner relies and, where the petitioner relies on any 
information furnished to him by any person or persons, a statement 
containing the names and addresses of such person or persons and the 
gist of such information as furnished by such person or each of such 
persons. 
(9) On receipt of the petition referred to in sub-section (7), the prescribedAuthority 
referred to in sub-section (1) shall, as soon as possible within six weeks from the date 
of the receipt of such petition, proceed to make any enquiry to satisfy himself, among 
others, as to— 
(a) the common decision in regard to the manner of voting to be exercised by 
the majority members set up by the recognized political party, and 
10 	 THE KOLKATA GAZEI1E, EXTRAORDINARY, MARCH 12, 2012 	 [PART III 
The Gorkhaland Territorial Administration Act, 2011. 
(Chapter 1.—Preliminary.--Section 20.) 
Power to make 
rules regulating 
elections. 
(b) whether the member or members against whom such petition is filed, 
exercised the voting right, in a meeting of the Gorkhaland Territorial 
Administration Sabha contrary to such manner of voting. 
(10) For the purpose of enquiry under sub-section (9), the prescribed Authority 
may summon such members of the recognized political party or other persons, and 
require such signed statements from, and production of such documents and records 
by, the member or other persons as aforesaid, as he may deem necessary. 
(11) As soon as possible within eight weeks from the date of receipt of the petition 
referred to in sub-section (7), the prescribed Authority shall, in consideration of the 
facts and the documents and the records before it,— 
(a) reject the petition, or 
(b) admit the petition wholly or in part and declare any Member or Members 
to be disqualified under sub-section (1) for being Member. 
(12) Any Member declared disqualified under sub-section (1) or the Leader of the 
recognized political party referred to in sub-section (7), if aggrieved by the decision of 
the prescribed Authority may, within thirty days from the date of the order, appeal to 
such Authority as the State Government may appoint in this behalf, and, thereupon, the 
Authority so appointed may stay the operation of the order fill the disposal of the 
appeal and may, after giving notice of the appeal to the prescribed Authority, and after 
giving the appellant an opportunity of being heard, set aside or confirm the order or 
declare under sub-section (1) any Member or Members to be disqualified for being 
Members. 
(13) The order passed by the Authority appointed under sub-section (12) on the 
appeal shall be final. 
(14) Notwithstanding anything to the contrary contained in this Act or in any other 
law for the time being in force, no court shall have any jurisdiction in respect of any 
matter arising out of a Member being declared to be disqualified under sub-section (1) 
for being a Member. 
(15) The State Government may, by notification published in the Official Gazette, 
make rule for carrying out the purposes of this section. 
Explanation 1.—For the purpose of this section, an elected Member shall be deemed 
to be set up by a recognized political party if he has contested election within symbol 
reserved for such recognized political party or if he has contested election with a 
free symbol and joins a recognized political party and furnishes a declaration to that 
effect to the prescribed Authority before the expiry of six months from the date of 
election. 
Explanation 11.—"PrescribedAuthority for the GorkhalandTerritorialAdministration 
Sabha" shall mean an Authority appointed by the State Government by notification 
published in the Official Gazette for the purpose of this section. 
20. 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 Gorkhaland Territorial Administration Sabha under this Act— 
PART III] 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 12, 2012 	 11 
The Gorkhaland Territorial Administration Act, 2011. 
(Chapter I.—Preliminary.—Sections 2], 22.) 
Electoral offences. 
Disputes 
regarding 
elections. 
(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 election authority, election officer, returning officers, 
presiding officers and polling officers for election and their powers, 
functions and duties; 
(c) the drawing up of the programme of elction; 
(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; 
(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 requisitioning of vehicles and premises in connection with the conduct 
of elections and the penalty for contravention of any order regarding such 
requisitioning; 
(k) any other matter rerlating 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. 
21. (1) For the purposes of this Act, the electoral offences provided for in section 
125 to 136 of the Representation of the People Act, 1951, shall be the electoral offences 
at or in connection with the elections under this Act. 
(2) Any person who is guilty of an electoral offence as aforesaid shall be punishable 
in the same manner as is provided for in the said Act. 
22. (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 Gorkhaland Territorial 
Administration Sabha; 
(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, 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 
43 of 1951. 
L2 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 12, 2012 	 [PART Jill 
The Gorkhaland Territorial Administration Act, 2011. 
(Chapter 1.—Preliminary. 	 Sections 23, 24.—Chapter 11.—Powers and Functions 
of the Gorkhaland Territorial Administration.—Sections 25, 26.) 
Oath or 
affirmation by 
members. 
Allowances of 
members. 
(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 that 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. 
23. Every Member, other than the Chief Executive of the Gorkhaland Territorial 
Administration shall, before the first meeting of the Gorkhaland Territorial 
Administration Sabha or as soon as thereafter, make and subscribe before such person 
as may be appointed by the Government in this behalf, an oath or affirmation, and shall 
be given a certificate of receipt of the form of oath or affirmation as so made and 
subscribed, according to the form set out for the purpose in the first schedule. 
24. Every Member shall be entitled to receive such allowances as may be fixed by 
the Gorkhaland Territorial Administration Sabha and as may be approved by the 
Government. 
CHAPTER II 
Powers and Functions of the Gorkhaland Territorial Administration 
25. (1) The Gorkhaland Territorial Administration Sabha shall meet for the conduct 
of business at least once in every three months and shall conduct its business in such 
manner and in accordance with such procedure as may be determined by it by regulations 
with the approval of the Government. 
(2) The quorum necessary for the transaction of business at a meeting of the 
Gorkhaland Territorial Administration Sabha shall be not less than one-third of its total 
number of Members and the decision of the Gorkhaland Territorial Administration 
Sabha shall be by simple majority of votes of the Members present. 
26. 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 Gorkhaland Territorial 
Administration shall have administrative, financial and executive powers in the region 
in relation to— 
(i) Agriculture, including agricultural education and research protecting 
against pest and prevention of plants diseases; Horticulture, 
Floriculture and Food processing; 
Conduct of 
business. 
Matter to be under 
control and 
administration of 
Gorkhaland 
Territorial 
Administration. 
PART III] 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 12, 2012 	 13 
The Gorkhaland Territorial Administration Act, 2011. 
(Chapter 11.—Powers and Functions of the Gorkhaland Territorial 
Administration.—Section 26.) 
(ii) Animal Husbandry and Veterinary, that is to say preservation, 
protection and improvement of stock and prevention of animal 
diseases, veterinary training and practices, cattle pounds; Dairy 
development; 
(iii) Co-operation; 
(iv) Information and Cultural Affairs; 
(v) School Education including primary education, secondary education, 
higher secondary education (including vocational training); Physical 
Education; Government Schools; 
(vi) College Education including Agricultural and Technical Colleges; 
Local Management of Government sponsored Colleges; Mass 
Education and Physical Education; Engineering, Medical, 
Management, and Information Technology with Government and 
Government sponsored colleges for which wings or cells shall have 
to be created by the Gorkhaland Territorial Administration for the 
area under its jurisdiction; 
(vii) Adult Education and Library Services; 
(viii) Fisheries; 
(ix) Irrigation, drainage and embankments, floods and landslide 
protection; 
(x) Food and Civil Supplies; Consumer Affairs; 
(xi) Management of any forest, not being Reserved Forest; 
Explanation.—"Reserved Forest" shall mean a reserved forest as 
constituted under Indian Forest Act, 1927; 
(xii) Micro and Small Scale Industries, handloom and textiles; handicrafts 
and Khadi and Village industries; 
(xiii) Cinchona plantation and settlement of land in possession of the 
plantation inhabitants; management of lease of cinchona lands etc. 
under it; 
(xiv) Woman and Child Development and Social Welfare; 
(xv) District Sainik Board; 
(xvi) "Health including Public Health and Family welfare" including 
hospitals, dispensaries, health centres and sanatoriums, establishing 
a Nurses Training School; 
(xvii) Intoxicating liquors, opium derivatives subject to the provisions of 
Entry 84 of List I of the Seventh Schedule; distilleries—control and 
regulation, Bonded House and raising of revenue; 
(xviii) Irrigation; 
(xix) Water Resources Investigation and Minor Irrigation; 
(xx) Labour and Employment; 
(xxi) Land and Land Revenue including allotment, occupation or use, 
setting apart of land other than land with reserved forest for the 
purposes of agriculture or grazing or for residential or other non-
agricultural purposes to promote interest of the people; 
(xxii) Library services (financed and controlled by the State Government); 
(xxiii) Lotteries (subject to the provisions of the Entry 40 of the List I of 
the Seventh Schedule); 
(xxiv) Theatre, dramatic performances and cinemas (subject to the 
provisions of the Entry 60 of the List I of the Seventh Schedule); 
sports; entertainment and amusements; 
16 of 1927. 
14 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 12, 2012 	 [PART III 
The Gorkhaland Territorial Administration Act, 2011. 
(Chapter IL—Powers and Functions of the Gorkhaland Territorial 
Administration.—Section 26.) 
(xxv) Markets and fairs; 
(xxvi) Municipal corporation, improvement of trust, district boards and 
other local authorities; Fire Services; 
(xxvii) Museum and archeology institutions controlled or financed by the 
State, ancient and historical monuments and records other than those 
declared by or under any Law made by Parliament to be of national 
importance; 
(xxviii) Panchayat and Rural Development including District Rural 
Development Agency; 
(xxix) Planning and Development; 
(xxx) Printing and Stationery; 
(xxxi) Public Health Engineering; 
(xxxii) Public Works Depai 	Intent including work relating to State Highways 
as well as the responsibility discharged by the State Government for 
maintenance of National Highways within the jurisdiction of 
Gorkhaland Territorial Administration; 
(xxxiii) Publicity and Public Relations including Regulation of Media—both 
Print and Electronic media; 
(xxxiv) Registration of births and deaths; 
(xxxv) Relief and Rehabilitation; disaster management; 
(xxxvi) Sericulture; 
(xxxvii) Small cottage and rural industry subject to the provisions of Entries 
7 and 52 of List I of the Seventh Schedule; 
(xxxviii) Social Welfare, including welfare of Scheduled Castes and Scheduled 
Tribes, and Scheduled Castes and Scheduled Tribes Development 
and Finance Corporation that may be set up for Gorkhaland Territorial 
Administration; tribal research institutions that may be set up for 
Gorkhaland Territorial Administration area; 
(xxxix) Soil conservation; 
(xl) Sports and Youth Welfare; 
(xli) Statistics; 
(xlii) Tourism; along with Tourism infrastructure within the jurisdiction 
of the Gorkhaland Territorial Administration area including Tourism 
Development Corporation that may be set up for the Gorkhaland 
Territorial Administration area; 
(xl iii) Transport (roads, bridges, ferries and other means of communication 
not specified in List I of the Seventh Schedule, municipal tramways, 
ropeways, inland waterways and traffic thereon, subject to the 
provision of List I and List III of the Seventh Schedule with regard 
to such waterways, vehicles and other mechanically propelled 
vehicles); 
(xliv) Urban development 	 town and country planning; 
(xlv) Weights and measures subject to the provisions of Entry 50 of List I 
of the Seventh Schedule; 
(xlvi) Welfare of plain tribes and backward classes subject to the area being 
under Gorkhaland Territorial Administration only; 
(xlvii) Welfare of the Scheduled Castes and Scheduled Tribes and Other 
Backward Classes; 
(xlviii) Welfare of Minorities; 
PART 

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