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 III] 	THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 12, 2012 	 15 

Regional Transport 
Authority for 
Gorkhaland 
Territorial 
Administration. 

The Gorkhaland Territorial Administration Act, 2011. 

(Chapter IL—Powers and Functions of the Gorkhaland Territorial 
Administration.—Sections 27-32.) 

(xlix) Management and settlement of land including markets and market 
shed controlled by the Darjeeling Improvement Fund; 

(1) Minor Minerals and Mineral development (subject to the provisions 
of the Entry 23 of the List II of the Seventh Schedule); 

(1i) Rural electrification; 
(lii) Renewable sources of energy including water-power (subject to Entry 

56 of the List I and Entry 38 of the List III of the Seventh Schedule); 
(liii) Sharing electricity with Gorkhaland Territorial Administration 

subject to evolving a mutually agreeable formula with the State 
Government; 

(liv) Pounds and prevention of cattle trespass; 

(Iv) Management of burial grounds and cremation grounds; 

(lvi) Regulation of Cable channels, to the extent the powers of Central 
Act, i.e. the Cable Television Networks (Regulation) Act, 1995, vests 
with the State Government; 

(Ivii) Tauzi; Tauzi Department of the Collectorate. 

27. There shall be a Regional Transport Authority for the Gorkhaland Territorial 
Administration area with District Magistrate as the Chairman and two non-official 
members to be nominated by the Chief Executive. 

7 of 1995. 

General powers. 

Power to acquire, 
hold and dispose 
of property etc. 

Power to make 
regulations. 

Power of 
Government to 
entrust functions. 

Property vested in 
Gorkhaland 
Territorial 
Administration. 

28. Subject to the general policy and direction of the Government, the Gorkhaland 
Territorial Administration shall— 

(i) formulate integrated development plans for the region, and 

(ii) implement schemes and programmes for development of the region. 

29. The power of the Gorkhaland Territorial Administration to acquire, hold and 
dispose of property and to enter into contracts under section 4 shall be subject to the 
condition that in all cases of acquisition or disposal of immovable property, the value 
of which exceeds rupees one crore or which is outside in the region the Gorkhaland 
Territorial Administration obtain previous approval of the Government. 

30. (1) The Gorkhaland Territorial Administration shall have power, subject to 
the provisions of this Act, and the rules made thereunder by the Government, to make, 
regulations to be applicable within the region with respect to all or any of the matters 
enumerated in section 26 for the regulation and control thereof 

(2) All regulations made under sub-section (I) shall have effect upon their 
publication in the Official Gazette. 

31. Notwithstanding anything in this Act, the Government may, with the consent 
of the Gorkhaland Territorial Administration, entrust either conditionally or 
unconditionally to the Gorkhaland Territorial Administration the functions in relation 
to any matter, not enumerated in section 26, to which the executive power of the State 
extends. 

32. Subject to such restrictions or conditions as the Government may think fit to 
impose, all properties specified below and situated in the region shall vest in and belong 
to the Gorkhaland Territorial Administration with all other properties which may become 
vested in the Gorkhaland Territorial Administration and shall be under the direction, 
management and control of the Gorkhaland Territorial Administration 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 Fund; 



16 	 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.—Sections 33, 34.) 

Power to impose 
levy, and collect 
taxes and fees. 

Power of 
supervision over 
municipalities, 
Panchayat 
Sams' tis, Gram 
Panchayats and 
Ella Parishad. 

(b) all public roads which have been constructed or maintained out of the 
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 
Gorkhaland Territorial Administration by the Government; 

(d) all assets and properties owned and controlled by the Darjeeling Gorkha 
Hill Council in the region or outside. 

33. (1) Notwithstanding anything contained in any other law for the time being 
in force, the Gorkhaland Territorial Administration shall have power to collect within 
the region such taxes payable under such law for the time being in force on such terms 
and conditions as may be notified by the Government: 

Provided that the tax or taxes as aforesaid shall be collected by the Gorkhaland 
Territorial Administration 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 
Gorkhaland Territorial Administration 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 andmelas within its jurisdiction as may be specified 
by the Government by notification in the Official Gazette; 

(iii) fee for licenses; 
(iv) water-rate, where arrangements for the supply of water for drinking, 

irrigation or any other purpose is made by the Gorkhaland Territorial 
Administration within its jurisdiction; 

(v) lighting rate, where arrangement for lighting of public streets and 
places is made by the Gorkhaland Territorial Administration within 
its jurisdiction. 

(3) The Gorkhaland Territorial Administration shall not undertake registration of 
any vehicle or levy fee therefor and shall not provide sanitary arrangements at places 
of worship or pilgrimage, fairs, and melas within its jurisdiction or levy fee thereof if 
such vehicle has already been registered by any 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 regulations. Such regulations may provide 
for exemption from all or any of the tolls, fees or rates in any class of cases. 

34. (1) Notwithstanding the provisions of West Bengal Panchayat Act, 1973 or 
the West Bengal Municipal Act, 1993, the Gorkhaland Territorial Administration 
shall exercise general powers of supervision over Zilla Parishad, Panchayat Samities, 
Gram Panchayats and municipalities in the region constituted in accordance with 
the provisions of the Constitution of India, and it shall be the duty of every such 
Zilla Parishad, Panchayat Samiti, Gram Panchayat or municipality to give effect to 
any direction of the Gorkhaland Territorial Administration on matters of policy or 
planning for development. 

West Ben. Act 
XLI of 1973. 
West Ben. Act 
XXII of 1993. 



PART III] 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 12, 2012 	 17 

Inspection of 
work of 
Panchayats. 

Disputes. 

Chief Executive, 
Deputy Chief 
Executive, 
Chairman, Deputy 
Chairman etc. 

The Gorkhaland Territorial Administration Act, 2011. 

(Chapter IL—Powers and Functions of the Gorkhaland Territorial 
Administration.—Sections 35, 36.—Chapter HI—Gorkhaland 

Territorial Administration Sabha and Committees thereof—Section 37.) 

(2) The Gorkhaland Territorial Administration shall, until the Zilla Parishad is 
constituted under sub-section (1), exercise all the powers of the Zilla Parishad under 
section 153, 154, 155, 156, 157, 158, 159, 160, 161 and 162 of the West Bengal 
Panchayat Act, 1973. 

35. The Gorkhaland Territorial Administration may— 

(a) inspect, or cause to be inspected, any immovable property used or occupies 
by a Zilla Parishad, Panchayat Samiti or Gram Panchayat 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 
depat 	talent of the Zilla Parishad, Panchayat Samiti or Gram Panchayat 
or any service, work or thing under the control of the Zilla Parishad, 
Panchayat Samiti, Gram Panchayat, 

(c) inspect or cause to be inspected utilization of funds, in respect of schemes 
or programmes assigned to the Zilla Parishad, Panchayat Samiti, Grain 
Panchayat by the Government for execution either directly or through the 
Gorkhaland Territorial Administration, 

(d) require the Zilla Parishad, Panchayat Samiti, Gram Panchayat, for the 
purpose of inspection or examination as aforesaid,— 

(i) to produce any book, record, correspondence or other documents, or 
(ii) to fitmish any retum, plan, estimate, statement, accounts or statistics, or 

(iii) to furnish or obtain any report or information. 

36. If any dispute arises between a Gram Panchayat or a Panchayat Samiti or a Zilla 
Parishad or a municipality in the region and the Gorkhaland Territorial Administration 
such dispute shall be referred by the Gorkhaland Territorial Administration to the 
Government and the decision of the Government thereon shall be final. 

CHAPTER III 

Gorkhaland Territorial Administration Sabha and Committees thereof 

37. (1) The first meeting of the Gorkhaland Territorial Administration Sabha after 
each general election shall be held on the date appointed by Government under sub-
section (1) of section 17. 

(2) There shall be a Chairman who shall be elected in such manner as may be 
prescribed by rules by the Government, and who shall preside over the conduct of 
business of the Gorkhaland Territorial Administration Sabha. 

(3) The Chairman of the Gorkhaland Territorial Administration Sabha— 

(a) shall cease to hold office as such forthwith if he ceases to be a Member of 
Gorkhaland Territorial Administration Sabha; 

(b) may, at any time, by giving notice in writing under his hand addressed to 
the Chief Executive of the Gorkhaland Territorial Administration, resign 
his office from such date as may be specified in the notice or, if no such 
date is specified in the notice, from the date of his acceptance by the 
Chief Executive of the Gorkhaland Territorial Administration; 

(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 Gorkhaland 
Territorial Administration Sabha called for this purpose upon a requisition 
made in writing by not less than one-third of such Members. 

(4) There shall be a Deputy Chairman, who shall be elected in such manner as 
may be prescribed by the Government, who in absence of the Chairman shall conduct 



18 
	

THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 12, 2012 	 [PART III 

The Gorkhaland Territorial Administration Act, 2011. 

(Chapter 111.—Gorkhaland Territorial Administration 
Sabha and Committees thereof—Section 38.) 

Tenn of office of 
Chief Executive, 
Deputy Chief 
Executive. 

the business of the Gorkhaland Territorial Administration Sabha. The Deputy Chairman 
of the Gorkhaland Territorial Administration Sabha shall continue to hold office until— 

(a) he ceases to be a Member, or 

(b) he resigns his office in writing under his hand addressed to the Chief 
Executive of the Gorkhaland Territorial Administration, in which case the 
resignation shall take effect from the date of its acceptance by the Chief 
Executive of the Gorkhaland Territorial Administration, or 

(c) his election as Deputy Chairman is cancelled by the Chief Executive of 
the Gorkhaland Territorial Administration: 

Provided that notwithstanding such cancellation of his election, he shall, 
subject to the other provisions of this Act, continue to hold office as a 
Member. 

(5) The Government may nominate one of the elected Members, not being a 
candidate for election as Chairman of the Gorkhaland Territorial Administration Sabha, 
to preside over the first meeting for the election of Chairman of the Gorkhaland 
Territorial Administration Sabha. 

(6) There shall be a Chief Executive of the Gorkhaland Territorial Administration 
who shall be elected by the elected members from amongst themselves in such manner 
as may be prescribed. The election of the Chief Executive of the Gorkhaland Territorial 
Administration shall be conducted by Chairman who shall preside over the meeting 
immediately after he is elected as Chairman under sub-section (2). 

(7) The outgoing Chief Executive of the Gorkhaland Territorial Administration 
shall convene the first meeting of the Gorkhaland Territorial Administration Sabha on 
the appointed date by sending notice, specifying therein the date, time and place of the 
meeting to the registered address of each Member elected to the Gorkhaland Territorial 
Administration Sabha at least seventy-two hours before the time fixed for such meeting: 

Provided that if the outgoing Chief Executive of the Gorkhaland Territorial 
Administration fails to convene the meeting on the appointed date, the Government 
may authorize an officer to convene the first meeting of the Gorkhaland Territorial 
Administration Sabha on a date to be specified by the Government in this behalf 

(8) In the case of any casual vacncy in the office of the Chief Executive caused by 
death, resignation, removal or otherwise, the elected Members shall, in accordance 
with such procedure as may be prescribed, elect one of the Members to fill up the 
vacancy: 

Provided that pending the election of a Chief Executive, the Government may 
appoint by name one of the Members to be the Chief Executive who shall hold office 
as Chief Executive and shall exercise all the powers and discharge all the functions of 
the Chief Executive, until a Chief Executive, elected in accordance with the provisions 
of this Act and the rules made thereunder, enters upon his office. 

(9) The Chief Executive may nominate one Member to be the Deputy Chief 
Executive. 

(10) The Chief Executive shall, within one month from the date of election, make 
and subscribe before the Governor an oath or affirmation and shall be given a certificate 
of receipt of oath or affirmation as so made and subscribed according to the form set 
out for the purpose in the Second Schedule. 

38. (1) The Chief Executive— 

(a) shall cease to hold office as such forthwith if he ceases to be a Member of 
Gorkhaland Territorial Administration Sabha; or 

(b) may, at any time, by giving notice in writing under his hand addressed to 
the Governor of the State, resign his office from such date as may be 
specified in the notice or, if no such date is specified in the notice, from 
the date of his acceptance by the Governor; or 



PART Ill] 
	

THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 12, 2012 	 19 

The Gorkhaland Territorial Administration Act, 2011. 

(Chapter III—Gorkhaland Territorial Administration Sabha 
and Committees thereof—Sections 39, 40.) 

(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 Gorkhaland 
Territorial Administration Sabha called for this purpose upon a requisition 
made in writing by not less than one-third of such Members. 

(2) The Deputy Chief Executive shall hold office until— 

(a) he ceases to be a Member, or 

(b) he resigns his office in writing under his hand addressed to the Chief 
Executive, in which case the resignation shall take effect from the date of 
its acceptance by the Chief Executive, or 

(c) his nomination as Deputy Chief Executive is cancelled by the Chief 
Executive: 

Provided that notwithstanding such cancellation of his nomination, he 
shall, subject to the other provisions of this Act, continue to hold office as 
a Member of Gorkhaland Territorial Administration Sabha. 

Salaries and 
Allowances of 
Executive Sabha 
Member. 

Powers, functions 
and duties. 

39. The members of the Executive Sabha shall be whole time functionaries and 
shall be paid out of the 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: 

Provided that an Executive Sabha Member, not holding any charge of any matter 
or department of that Sabha, shall be entitled to the same status and privileges to which 
any other Member is entitled. 

40. (1) The Chief Executive shall— 

(a) have general responsibility for the financial and executive administration; 

(b) exercise administrative supervision and control over all officers and 
employees of the Gorkhaland Territorial Administration, and the officers 
and employees whose services may be placed at the disposal of the 
Gorkhaland Territorial Administration by the Government; 

(c) 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 Gorkhaland Territorial Administration under this Act or the rules 
made thereunder: 

Provided that the Chief Executive 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 Gorkhaland Territorial Administration Sabha at a meeting; 

(d) exercise such other powers, perform such other functions and discharge 
such other duties as the Gorkhaland Territorial Administration may, 
by general or special resolution, direct or as the Government may, by rule 
made in this behalf, prescribe. 

(2) Notwithstanding anything contained in sub-section (1) or any other provisions 
of this Act, where the Administrator or the Board of Administrators has been appointed 
or constituted, as the case may be, by the Government under the second proviso to sub-
section (1) of section 17, the powers exercisable, and functions performed, by the 
Chief Executive under the Act shall be exercised and performed by such authority as 
the Government may, by notification, specify. 



20 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 12, 2012 	[PART III 

The Gorkhaland Territorial Administratotz Act, 2011. 

(Chapter 111.—Gorkhaland Territorial Administration Sabha and 
Committees thereof—Sections 41,42.) 

(3) The Deputy Chief Executive shall— 

(a) exercise such of the powers, perform such of the functions and discharge 

such of the duties of the Chief Executive as the Chief Executive may 

from time to time, subject to the rules make in this behalf by the 

Government, delegate to him by order in writing: 

Provided that the Chief Executive may at any time withdraw the 

powers and functions delegated to the Deputy Chief Executive; 

(b) during the absence of the Chief Executive, exercise all the powers, 

perform all the functions and discharge all duties of the Chief Executive; 

(c) exercise such other powers, perform such other functions, and discharge 

such other duties as the Gorkhaland Territorial Administration Sabha 

may, by general or special resolution, direct or as the Government may, 

by rules made in this behalf, prescribe. 

Executive Sabha. 41. (1) There shall be an Executive Sabha consisting of the Chief Executive and 

fourteen other Executive members including the Deputy Chief Executive, who shall 

be nominated by the Chief Executive from the elected or nominated members. 

(2) The Chief Executive shall allot among the other Executive Sabha Members 

the business of the Gorkhaland Territorial Administration by assigning one or more 

Department(s) to the charge of an Executive Sabha Member: 

Provided that nothing in this Act shall prevent the assigning of one Department 

to the charge of more than one Executive Sabha Member. 

(3) The manner of transaction of business of the Executive Sabha shall be such 
as may be determined by the Gorkhaland Territorial Administration Sabha by 

regulations. 

(4) The Executive Sabha shall be responsible to the Gorkhaland Territorial 

Administration Sabha. 

(5) No Executive Sabha Member shall hold any office of profit for so long as 

he holds the office of Executive Sabha Member or member of his family shall, either 

directly or indirectly— 

(a) enter into any contract, or 

(b) have any dealing or transaction, with the Gorkhaland Territorial 

Administration Sabha without the specific and prior approval of that 

Sabha. 

Term of office of 	42. An Executive Sabha Member shall hold office as Executive Sabha Member 
Executive Sabha. until— 

(a) he ceases to be a Member of Gorkhaland Territorial Administration 

Sabha, or 

(b) he resigns his office in writing under his hand addressed to the Chief 

Executive and the resignation shall take effect from the date of its 

acceptance by the Chief Executive, or 



PART III] 	THE KOLKATA GAZETTE. EXTRAORDINARY, MARCH 12, 2012 	 21 

The Gorkhaland Territorial Achninistraton Act, 2011. 

(Chapter 111.—Gorkhaland Territorial Administration Sabha and 
Committees thereof—Sections 43-49.) 

Discharge of 
functions. 

(c) his nomination as Executive Sabha Member is cancelled by the Chief 
Executive, or 

(d) a fresh nomination is made in his place by the Chief Executive. 

43. (1) The administrative, financial and the executive functions of the Gorkhaland 
Territorial Administration shall vest in the Executive Sabha. 

(2) All orders or instruments made or executed by the Executive Sabha shall be 
deemed to have been made or executed by or under the authority of the Gorkhaland 
Territorial Administration and every such order or instrument shall be authenticated 
by the signature of the head of the Executive Sabha or any other Executive Member 
or by any officer of the Gorkhaland Territorial Administration authorized in writing 
by the head of Executive Sabha in this behalf. 

Power of 	 44. The Executive Sabha shall refer to the Gorkhaland Territorial Administration 
Executive Sabha. Sabha for approval of 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 Gorkaland 
Territorial Administration. 

General power 
of Chief 
Executive. 

Special power 
of Chief 
Executive. 

Execution of 
work etc. in 
case of 
emergency. 

45. (1) The Chief Executive shall exercise such powers and discharge such 
functions as are conferred on him by or under this Act. 

(2) The Chief Executive shall make, for the convenient transaction of business 
of the Gorkhaland Territorial Administration Sabha, allocation among such Sabha 
Members of the said business in so far as it is not business with respect to which 
the Chief Executive is by or under this Act required to act in his discretion as he 
thinks fit. 

46. The Chief Executive shall preside over the meeting of the Executive Sabha. 
The Executive Sabha 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 may direct. 

47. The quorum necessary for the transaction of business at a meeting of the 
Executive Sabha shall be one-third of the total number of Members of the Executive 
Sabha. 

48. (1) In case in which the Chief Executive is required to take, in accordance 
with the provisions of this Act or the rules made thereunder or of any other law 
for the time being in force, any action subject to the approval of the Executive Sabha, 
such Sabha may, subject to such conditions, if any, as it may specify authorize the 
Chief Executive in writing to take such action in anticipation of such approval. 

(2) Whenever the Chief Executive takes any action under sub-section (I) he shall 
inform the Executive Sabha forthwith. 

49. If the Chief Executive is satisfied that an emergency has arisen and is of the 
opinion that the immediate execution of any work or the doing of any act, which 
ordinarily requires the approval of the Gorkhaland Territorial Administration Sabha 
or the Executive Sabha, is necessary for the maintenance of services or the safety 
of the public or the prevention of extensive damage to any property of the Gorkhaland 
Territorial Administration, he may direct that the expenses for such execution or doing 
shall be paid from the Fund: 

Meeting of the 
Executive 
Sabha. 

Quorum. 



22 	 THE KOLKATA GAZETTE, EXTRAORDINARY. MARCH 12, 2012 	[PART III 

The Gorkhaland Territorial Achtzinistraton Act, 2011. 

Committees.  

(Chapter 111.—Gorkhaland Territorial Administration Sabha and 
Committees thereof—Section 50.— 

Chapter 1V.—Officers and Staff of the Gorkhaland Territorial 
Administration.—Sections 51-53.) 

Provided that the Chief Executive shall report forthwith to the Gorkhaland 

Territorial Administration Sabha or to the Executive Sabha, as the case may be, the 

action taken under this section and the reasons thereof. 

50. The Chief Executive may, from time to time, appoint such committee 

constituting of members from amongst the Members as may be required for the 

efficient discharge of the functions of the Gorkhaland Territorial Administration. 

CHAPTER IV 

Officers and Staff of the Gorkhaland Territorial Administration 

Principal 
Executive Officer. 

Appointment of 
Secretary .  

Deputation of 
other officers. 

51. (I) There shall be a Principal Secretary to the Gorkhaland Territorial 

Administration (hereinafter referred to as the Principal Secretary), not below the rank 

of Secretary or Commissioner to the State Government, appointed by the Government 

in consultation with Chief Executive. 

(2) The Principal Secretary shall be paid out of the Fund such salaries and 
allowances as may, from time to time, be fixed by the Government. 

(3) The Principal Secretary shall be the Principal Executive Officer of the 

Gorkhaland Territorial Administration and all other officers of the Gorkhaland 
Territorial Administration shall be subordinate to him. He shall have the right to be 

present at a meeting of the Gorkhaland Territorial Administration Sabha or of the 
Executive Sabha or of any Committee of the Gorkhaland Territorial Administration 

Sabha and to take part in the discussions as if he were a member of the Gorkhaland 

Territorial Administration Sabha or of the Executive Sabha or of the committee 
aforesaid and may, with the consent of the Chief Executive 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) (a) The Principal Secretary shall act under the direction of the Chief Executive. 

(b) The Principal Secretary shall be responsible for the maintenance of the 

records of the Gorkhaland Territorial Administration and the Executive Sabha. 

(5) The Principal Secretary appointed under sub-section (1) shall not be transferred 

within a period of two years of the assumption of office, without the consent of the 

Gorkhaland Territorial Administration. 

52. The Government may, in consultation with the Chief Executive, place at the 
disposal of the Gorkhaland Territorial Administration the service of an officer of 
the Government for appointment as Secretary to the Gorkhaland Territorial 

Administration. 

53. The Government may, in consultation with Chief Executive, depute such 

other officers and experts as may be required to assist the Gorkhaland Territorial 

Administartion on such terms and conditions as the Government may 

determine. 



PART III] 
	

THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 12. 2012 	 23 

The Gorkhaland Territorial Administrator Act, 2011. 

Officers and 
other 
employees. 

Fund. 

(Chapter 1V.—Officers and Staff of the Gorkhaland Territorial 
Administration.—Section 54.—Chapter V.— 

Funds and Audit—Section 55.) 

54. (1) The Gorkhaland Territorial Administration may, with the approval of 
the Government create such posts as are equivalent to Group B, Group C and 
Group D posts under the Government and make regulations relating to their conditions 
of service: 

Provided that where any disciplinary or other action is required to be taken against 
any such employee, the Gorkhaland Territorial Administration shall have the power 
to initiate such disciplinary action against such employee whereupon the Gorkhaland 
Territorial Administration shall report the same forthwith to the Government for such 
further action as the Government may think fit. 

(2) The Gorkhaland Territorial Administration may, make appointment of persons 
to such categories of sanctioned posts as are equivalent to Group 'B', 
Group 'C' and Group 'D' posts under Government after making regulations relating 
to the conditions of service of such persons with the approval of the Governor subject 
to the budgetary provisions including long term liabilities of post retirement benefits 
such as pension, gratuity etc. Such appointments shall be made through a Subordinate 
Service Selection Board to be set up for this purpose. 

(3) The State Public Service Commission shall be consulted for the recruitment 
of Group 'A' officers. 

CHAPTER V 

Funds and Audit 

55. (1) There shall be a fund to be called the Fund to be held by the Gorkhaland 
Territorial Administration in trust for the purpose of this Act and all moneys realized 
or realizable under this Act and all moneys otherwise received by the Gorkhaland 
Territorial Administration shall be credited thereto. 

(2) All funds as may be allocated by the Central Government or the State 
Government for the Gorkhaland Territorial Administration shall be assigned to it and 
shall be credited to the Fund. 

(3) (i) The allocation sanctioned in the budget of the Fund and all funds 
sanctioned by the State Government or the Central Government which remain unspent 
at the close of the financial year shall be taken into account for the purpose of 
providing additional resources in the Budget of the following year or years and the 
fund requirements shall be met on a yearly basis. 

(ii) The Gorkhaland Territorial Administration may, subject to the provisions 
of any law relating to the raising of loans by local authorities, raise with approval 
of the Government loans for the purposes of this Act and create a sinking fund for 
the repayment of such loan. 

(4) The moneys credited to the Fund shall be applied for payment of all sums 
charges and costs necessary for carrying out the purposes of this Act. 

(5) No payment shall be made out of the Fund unless such expenditure is covered 
by a current budget grant: 

Provided that the Gorkhaland Territorial Administration may make payments in 
terms of refund of deposits by contractors or for urgent works undertaken in an 
emergency or required by the Government in the public interest or under the decree 



24 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 12, 2012 	[PART III 

The Gorkhaland Territorial Administraton Act, 2011. 

(Chapter V—Funds and Audit—Sections 56, 57.) 

or order of a civil or criminal court against the Gorkhaland Territorial Administration 
and for such other cases as may be prescribed: 

Provided further that such expenditure shall be reported to the Gorkhaland 
Territorial Administration for taking such action under the provisions of this Act as 
may appear to it to be feasible for covering the amount of such payments. 

(6) Fund, other than the Fund received either from the Central Government or 
the State Government standing at the credit of the Gorkhaland Territorial Administration, 
as are not required for immediate purpose, may be invested in Government Securities, 
deposits in the Scheduled Commercial Bank and in other similar instruments in 
accordance with such regulations as may be made by the Gorkhaland Territorial 
Administration in this behalf. 

(7) The Gorkhaland Territorial Administration may make regulations for the 
management of the Fund and for the procedure to be followed in respect of the 
payment of moneys into the said Fund, withdrawal of moneys therefrom, the custody 
of moneys therein and any other matter incidental thereto or connected therewith. 

(8) The accounts of the Gorkhaland Territorial Administration shall be kept in 
such form as may be prescribed in consultation with the Accountant-General. 

(9) Subject to the provisions of the Comptroller and Auditor-General (Duties, 56 of 1971.  

Powers, and Conditions of Service) Act, 1971, and the rules and the orders made 
thereunder, the audit of the accounts of the Gorkhaland Territorial Administration 
shall be entrusted by the Government to the Comptroller and Auditor-General of India 
who may submit to the Government such report thereon as he may deem fit. The 
Government shall transmit the report to the Gorkhaland Territorial Administration 
for discussion and consideration. The Gorkhaland Territorial Administration shall 
return the report to the Government with comments, if any. The Government shall 
lay such reports with the comments of the Gorkhaland Terrirotrial Administration 
before the State Legislature. 

(10) The Governor shall obtain a report on the functioning of the Gorkhaland 
Territorial Administration and cause that report to be laid on the table of the 
Legislative Assembly annually. 

56. Such share of royalties accruing each from forest, fees for grant of license 
or lease for the purpose of prospecting for, or extraction of minerals granted by the 
Government and land revenue in respect of region as may be agreed upon between 
the Government and the Gorkhaland Territorial Administration shall be made over 
to the Gorkhaland Territorial Administration. 

57. (1) The Grokhaland Territorial Administration shall, at such time and in such 
manner as may be prescribed, prepare in each financial year a budget of its estimated 
receipts and disbursements for the following financial year and submit it to the 
Government by the 1st November of the current financial year. 

(2) The Government may, within such time as may be prescribed, either approve 
the budget or return it to the Gorkhaland Territorial Administration for such 
modifications as it may direct. On such modifications being made the budget shall 
be resubmitted within such time as may be prescribed for approval of the Government. 
If the approval of the Government is not received by the Gorkhaland Territorial 
Administration by the last date of the financial year, the budget shall be deemed to 
have been approved by the Government. 

(3) The Government shall provide formula based plan fund with 60 per cent 
wieghtage on population and the balance weightage on area backwardness, hill areas 
and border areas in two equal instalments every year for executing development 
works. 

Licenses of 
cases for the 
purpose of 
prospecting for 
or extraction of 
minerals. 

Budget. 



PART III] 
	

THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 12, 2012 	 25 

The Gorkhaland Territorial Administraton Act, 2011. 

(Chapter V—Funds and Audit.—Section 58.—Chapter VI.— 
Miscellaneous.—Sections 59-61.) 

(4) The Government shall provide Non-plan grant including provisions for 
bearing the additional Non-plan expenditure for existing employees payable in two 
instalments in respect of the offices or departments transferred to Gorkhaland Territorial 
Administration. 

(5) No expenditure shall be incurred unless the provisions have been made in 
the approved budget of Gorkhaland Territorial Administration. 

Supplementary 
budget. 

Inspection of 
account etc. 

58. The Gorkhaland Territorial Administration may prepare in each financial year 
a supplementary estimate providing for any modification of its budget for that year 
and may submit it to the Government for approval. 

CHAPTER VI 

Miscellaneous 

59. Notwithstanding anything contained elsewhere in this Act the Government 
may— 

(a) if it is of opinion that it is necessary or expedient so to do, cause an 
inspection to be made of the accounts of the Gorkhaland Territorial 
Administration from time to time and may, for the conduct of such 
inspection, appoint in consultation with the Gorkhaland Territorial 
Administration such officer or officers as the Government may think fit, 
and 

(b) advise the Gorkhaland Territorial Administration on the accounts of that 
Sabha. 

Transfer of 
institution. 

Amendment or 
suspension of 
regulations, by-
law and 
resolutions. 

60. (1) The Government may transfer any institution under its management or 
control to the Gorkhaland Territorial Administration, subject to such conditions, 
limitations and restrictions as may be agreed upon. 

(2) When an institution is transferred under sub-section (1), all persons employed 
in the institution shall, with effect from the date of such transfer, be deemed to be 
on deputation to the Gorkhaland Territorial Administration and the terms and conditions 
of service of such persons shall not be less advantageous than what they were entitled 
to immediately before such transfer. 

(3) Persons employed in the Darjeeling Gorkha Hill Council shall, with effect 
from the date of such transfer, who were borne on Darjeeling Gorkha Hill Council 
shall be deemed to be the employee of the Gorkhaland Territorial Administration. 
Those on deputation to Darjeeling Gorkha Hill Council shall be deemed to be on 
deputation to the Gorkhaland Territorial Administration or shall be permanently 
placed to Gorkhaland Territorial Administration depending on their option exercised 
in keeping with the terms and conditions of their service. The terms and conditions 
of service of such persons shall not be disadvantageous than what they were entitled 
to immediately before such transfer. 

61. If, at any time, the Government is satisfied that a regulation or by-law or 
resolution made by the Gorkhaland Territorial Administration or the Executive Sabha 
is contrary to any provision of the Constitution of India or any law for the time being 
in force, the Government may annul or suspend such regulation or by-law or 
resolution, as the case may be, and take such steps as it may consider necessary to 
prevent the enforcement or operation or continuance of such regulation or by-law 
or the giving effect to such resolution. 



26 	 THE KOLKATA GALETTE, EXTRAORDINARY, MARCH 12, 2012 	[PART III 

The Gorkhaland Territorial Adtninistraton Act, 2011. 

(Chapter V1.—Miscellaneous.—Sections 62-68.) 

Dissolution. 

Effect of 
supersession. 

Members, 
officers and 
employees to be 
public servants. 

62. The State Planning Board shall have powers to supervise and evaluate the 
works of the Gorkhaland Territorial Administration. 

63. In the discharge of its functions, the Gorkhaland Territorial Administration 
shall be guided by such instructions or directions as may be given to it by the 
Government from time to time for the proper implementation of the objects of the 
Act. 

64. ( I) If in the opinion of the Government, the Gorkhaland Territorial 
Administration— 

(i) has shown its incompetence to perform, or has made default in the 
performance of, the duties imposed on it by or under the Act or any 
other law for the time being in force, or 

(ii) has exceeded or abused its power, 

the Government may, by order to be published in the Official Gazette stating the 
reasons therefor, supersede the Gorkhaland Territorial Administration Sabha and 
direct that it be re-constituted within such period not exceeding six months as may 
be specified in the order. 

(2) The Government shall before making any order under sub-section (1), give 
to the Gorkhaland Territorial Administration an opportunity of making representation 
to the Government in respect of the same. 

65. When an order of supersession has been passed under section 64 with effect 
from the date of the order— 

(a) all the Members shall vacate their office, and 

(b) all the powers, duties and functions of the Gorkhaland Territorial 
Administration Sabha and the Executive Sabha shall be exercised, 
discharged and performed by such Sabha or authorities or such person 
or persons as may be appointed by the Government in this behalf. 

66. Notwithstanding anything contained in any State Act, the Gorkhaland 
Territorial Administration shall, with the approval of the Governor, make rules not 
inconsistent with those Act, or adopt the rules made under those Acts, which may 
be applicable to the region. 

67. (1) The Government may make rules providing for any matter which under 
any provision of this Act is required to be prescribed or to be provided for by rules. 

(2) Every rule made under this section or under section 20 shall be laid as soon 
as may be after it is made, before the State Legislature, while it is in session, for 
a total period of fourteen days which may be comprised in one session or in two 
or more successive sessions and if, before the expiry of the session immediately 
following the session or the successive sessions aforesaid, the State Legislature agrees 
in making any modification in the rule or the State Legislature agrees that the rules 
should not be made, the rule shall thereafter have effect only in such modified form 
or be of no effect, as the case may be; so, however, that any such modification or 
annulment shall be without prejudice to the validity of anything previously done under 
that rule. 

68. The Chief Executive, the Duputy Chief Executive, Chairman, Deputy Chairman, 
the Members, the officers and other employees of the Gorkhaland Territorial 
Administration shall be deemed to be public servants within the meaning of section 
21 of the Indian Penal Code, 1860. 

Power of State 
Planning Board 

Power of issue 
directions. 

Power to make 
rules under 
State Acts by 
the Gorkhaland 
Territorial 
Administration. 

Power to make 
rules. 

45 of 1860. 



PART IIIl 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 12, 2012 	 27 

The Gorkhaland Territorial Administraton Act, 2011. 

(Chapter V1.—Miscellaneous.—Sections 69-74.) 

Validation. 
69. No act or proceeding of the Gorkhaland Territorial Administration shall be 

deemed to be invalid merely by reason of existence of any vacancy in the Gorkhaland 
Territorial Administration Sabha or any defect or irregularity in the constitution 
thereof. 

70. No suit or other legal proceeding shall lie against the Gorkhaland Territorial 
Administration or against any Member or against any officer or employee of the 
Gorkhaland Territorial Administration for anything in good faith done or intended 
to be done in pursuance of this Act or of any rules or regulations made thereunder. 

71. If any question arises as to the interpretation of any of the provisions of this 
Act or the rules made thereunder, the same shall be referred to the Government whose 
decision thereon shall be final. 

Indemnity. 

Interpretation. 

Removal of 
difficulties. 

Saving. 

72. If any difficulties arise in giving effect to the provisions of this Act, the 
Government may by order do anything, not inconsistent with the provisions of this 
Act, as may appear necessary or expendient for the purpose of removing the difficulty: 

Provided that no such order shall be made after the expiry of a period of two 
years from the date of publication of this Act in the Official Gazette. 

73. Nothing in this Act shall affect the application of any law; whether made 
before or after this Act, to the region, unless such law specifically provided for 
exclusion of the region from such application. 

Explanation.—For the purpose of this section "law" shall include any enactment, 
ordinance, regulation, order, by-law, rule, scheme, notification or other instrument 
having the force of law. 

Repeal. 	 74. The Darjeeling Gorkha Hill Council Act, 1988 is hereby repealed. West Ben. Act 
XIII of 1988. 



28 	 THE KOLKATA GAZFTTE, EXTRAORDINARY, MARCH 12, 2012 	[PART BI 

The Gorkhaland Territorial Administration 
Act, 2011. 

(First Schedule.) 

FIRST SCHEDULE 

(See section 23) 

Form of oath or affirmation of elected (or nominated) member of the 
Gorkhaland Territorial Administration Sahba 

I, A.B. 	 , having been elected (or 
nominated) a member of the Gorkhaland Territorial Administration Sabha, do swear 
in the name of God/solemnly affirm that I will bear true faith and allegiance to the 
Constitution of India and integrity of India. 

(Signature and name of the member in block letter) 

Sworn in the name of God/solemnly affirmed by Shri/Shrimati 	  
	  at 	  (place) 

at 	  (hour) on this the 	 day of 

	  before me. 

(Signature) 
(Name, designation and seal) 

Certificate of receipt of form of oath or affirmation 

Certified that 	  (name), who has been 

elected to the Gorkhaland Territorial Administration Sabha from 	  

	 Constituency/nominated to the Gorkhaland 

Territorial Administration Sabha, has made and subscribed the oath/affirmation as 

required by section 23 of the Gorkhaland Territorial Administration Act, 2011, before 

me at office at 	  (hour) on the 	  (date). 

(Signature) 
(Name, designation and seal) 



PART III] 
	

THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 12, 2012 	 29 

The Gorkhaland Territorial Administration 
Act, 2011. 

(Second Schedule.) 

SECOND SCHEDULE 

[See section 37(10)] 

Form of oath or affirmation of Chief Executive of the 
Gorkhaland Territorial Administration 

I, A.B. 	  having been elected 
Chief Executive of the Gorkhaland Territorial Administration, do swear in the name 
of God/solemnly affirm that I will bear true faith and allegiance to the Constitution 
of India and integrity of India. 

(Signature and name of the Chief Executive in block letter) 

Sworn in the name of God/solemnly affirmed by Shri/Shrimati 	  
	  at 	  (place) 
at 	  (hour) on this the 	  day of 
	  before me. 

(Signature) 
(Governor of West Bengal) 

Certificate of receipt of form of oath or affirmation 

Certified that 	  (name), who has been 
elected Chief Executive of the Gorkhaland Territorial Administration, has made 
and subscribed the oath/affirmation as required by sub-section (10) of section 37 
of the Gorkhaland Territorial Administration Act, 2011, before the Governor at 
	  (hour) on the 	  (date). 

(Signature) 
Secretary to the Governor of West Bengal. 

By order of the Governor, 

B. K. SRIVASTAVA, 
Secy.-in-charge to the Govt. of West Bengal, 

Law Department. 

Published by the Controller of Printing and Stationery, West Bengal and printed at Saraswaty Press Ltd. 
(Government of West Bengal Enterprise), Kolkata 700 056 


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