Gorkhaland Territorial Administration Act, 2011

No: 20 Dated: Mar, 12 2012

THE GORICHALAND TERRITORIAL ADMINISTRATION ACT, 2011

West Bengal Act XX of 2011

    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:-

CHAPTER I

Preliminary

1. Short title and commencement. - (1) This Act may be called the Gorkhaland Territorial 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. Definitions. - In this Act, unless the context otherwise requires,-

(a) "Chief Executive" means the Chief Executive of the Gorkhaland Territorial 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;

(f) "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 (West Ben. Act XLI of 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 (West Ben. Act XXII of 1993);

(l) "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,

(iii) Rangmohan,

(iv) Barachenga,

(v) Panighata,

(vi) Chota Adalpur.

(vii) Paharu,

(viii) Sukna Forest,

(ix) Sukna Part I,

(x) Pantapati Forest I.

(xi) Mahanadi Forest,

(xii) Champasari Forest,

(xiii) Salbari Chhat Part II,

(xiv) Sitong Forest,

(xv) Sivoke Hill Forest.

(xvi) Sivoke Forest,

(xvii) Chhota Chenga,

(xviii) Nipania.

(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 (West Ben. Act XLI of 1973).