West Ben. Act XIII of 1988.

57dd5235122e418bc8400537cd8d51d71b140652 · 1988 · West Bengal

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Parent: The Darjeeling Gorkha Hill Council Act, 1988 (849ab1f18113d2d35799cce038e2a8a235633aaa)

Text

West Ben. Act XIII of 1988. GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative West Bengal Act III of 1994 THE DARJEELING GORKHA HILL COUNCIL (AMENDMENT) ACT, 1994. [Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Calcutta Gazette, Extraordinary, of the 28th February, 1994.] [28th February, 1994.] An Act to amend the Darjeeling Gorkha Hill Council Act, 1988. WHEREAS it is expedient to amend the Darjeeling Gorkha Hill Council Act, 1988, for the purposes and in the manner hereinafter appearing; It is hereby enacted in the Forty-fifth Year of the Republic of India, by the Legislature of West Bengal, as follows:- 1. (1) This Act may be called the Darjeeling Gorkha Hill Council (Amendment) Act, 1994. (2) Clause (b) of section 11 and section 47 shall come into force at once; and the remaining provisions of this Act shall be deemed to have come into force on the 27th day of November, 1993. In section 2 of the Darjeeling Gorkha Hill Council Act, 1988 (hereinafter referred to as the principal Act),— (a) after clause (a), the following clause shall be inserted:— `(al) "Council" means the Executive Council;'; (b) after clause (b), the following clause shall be inserted:— `(b1) "Councillor" means a member of the General Council;'; (c) after clause (e), the following clause shall be inserted:— `(e 1) "Executive Councillor" means the person nominated under clause (a) or clause (b) of sub-section (1) of section 38, and includes the Chief Executive Councillor or the Vice-Chairman of the General Council;' ; (d) clause (j) shall be omitted. Short title and commencement. Amendment of section 2 of West Ben. Act XIII of 1988. Amendment of section 5. Amendment of section 8. Amendment of section 9. The Darjeeling Gorkha Hill Council (Amendment) Act

Rule TOC

1 · (1) This Act may be called the Darjeeling Gorkha Hill Council (Amendment) Act, 1994.

9 · In section 14 of the principal Act, for the word "members" in the two places where it occurs, the word "Councillors" shall be substituted.

10 · Section 15 of the principal Act, shall be renumbered as subsection (1) of that section and,—

14 · In section 19 of the principal Act, in the marginal note, for the word "members.", the word "Councillors." shall be substituted.

19 · In section 26 of the principal Act, after the words "in all cases of acquisition or disposal of immovable property,", the words "the value of which exceeds rupees one crore or which is outside the hill areas," shall be inserted.

20 · For section 34 of the principal Act, the following section shall be substituted:—

21 · For section 35 of the principal Act, the following section shall be substituted:—

23 · In sub-section (1) of section 37 of the principal Act, clause (a) shall be omitted.

24 · For section 38 of the principal Act, the following section shall be substituted:—

25 · For section 39 of the principal Act, the following section shall be substituted:—

26 · In sub-section (2) of section 40 of the principal Act, for the words "any other members of the Executive Council", the words "any other Executive Councillor" shall be substituted;

29 · In section 43 of the principal Act, for the words "Executive Council" in the two places where they occur, the word "Council" shall be substituted.

33 · For section 47 of the principal Act, the following section shall be substituted:—

35 · For section 49 of the principal Act, the following section shall be substituted:—

36 · In section 50 of the principal Act, for the words "General Council", the word "Council" shall be substituted.

37 · Section 51 of the principal Act shall be renumbered as subsection (1) of that section and—

38 · For section 56 of the principal Act, the following section shall be substituted:—

56 · Notwithstanding anything contained elsewhere in this Act, the Government may,—

39 · In sub-section (2) of section 57 of the principal Act, for the words "be deemed to be employed by the General Council", the words "be deemed to be on deputation to the Council" shall be substituted.

43 · In section 67 of the principal Act, for the words "or against any member or officer or employee thereof the words "or against any Councillor or against any officer or employee of the General Council" shall be substituted.

45 · In the principal Act, after the First Schedule, the following Schedule shall be inserted:—

46 · (1) The Darjeeling Gorkha Hill Council (Amendment) Ordinance, 1993, is hereby repealed.

47 · Anything done or any action taken under the principal Act as amended by this Act before the publication of this Act in the Official Gazette shall be deemed to have been validly done or taken under the principal Act as amended by this Act as if this Act were in force when such thing was done or such action was taken.