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Section 23

The Darjeeling Gorkha Hill Council Act, 1988State Act of West Bengal · Act 13 of 1988

(1) The General Council shall meet for the conduct of business Conduct of at least once in every three months and shall conduct its business in business.

such manner and in accordance with such procedure as may be determined by it by regulations with the approval of the Government.

135 The Darjeeling Gorkha Hill Council Act, 1988.

[West Ben. Act Matters to be under the control and administration of the General Council.

(Chapter IL—Powers and Functions of the General Council.—Section 24.)

(2) The quorum necessary for the transaction of business at a meeting of the Council shall be fifteen members and the decision of the Council shall be by a simple majority of votes of the members present.

24. 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 General Council shall have executive powers in the hill areas in relation to—

(i) that allotment, occupation or use, or setting apart, of land other than any land which is a reserved forest, for the purpose of agriculture or grazing, or for residential or other non-agricultural purposes, or for any other purpose likely to promote the interest of the inhabitants of any village, locality or town. Such allotment, occupation or use, or setting apart, of land shall be subject to the provisions of the West Bengal Land Reforms Act, 1955 and the rules made thereunder;

(ii) the management of any forest, not being a reserved forest.

Explanation.—"Reserved forest" shall mean a reserved forest as constituted under the Indian Forest Act, 1927; 16 of 1927.

(iii) the use of any canal or watercourse for the purpose of agriculture;

(iv) agriculture;

(v) public health and sanitation, hospitals and dispensaries;

tourism;

(vii) vocational training;

(viii) public works—development and planning;

(ix) construction and maintenance of all roads except national highways and State highways;

(x) transport and development of transport;

(xi) management of burials and burial grounds, cremations and cremation grounds;

(xii) preservation, protection and improvement of livestock and prevention of animal diseases, veterinary training and practice;

(xiii) pounds and the prevention of cattle trespass;

(xiv) water, that is to say, water supplies, irrigation and canals, drainage and embankment, water storage;

(xv) fisheries;

(xvi) management of markets and fairs, not being already managed by municipal authorities, Panchayat Samitis or Gram Panchayats;

West. Ben.

Act X of

1956.

136 The Darjeeling Gorkha Hill Council Act, 1988.

XIII of 1988.]

(Chapter II—Powers and Functions of the General Council.—Sections 25-29.)

(xvii) education—primary, secondary and higher secondary;

(xviii) works, lands and buildings vested in or in the possession of the General Council;

(xix) small-scale and cottage industries.

25. Subject to the general policy and direction of the Government, General the General Council shall— powers.

(i) formulate integrated development plans for the hill areas, and

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

26. The power of the General Council to acquire, hold and dispose Power to uire, of property and to enter into contracts under section 4 shall be subject acq and dispose hold to the condition that in all cases of acquisition or disposal of immovable of property etc. property, the General Council shall obtain previous approval of the to be subject to Government. previous approval of Government.

Where this provision sits

ActThe Darjeeling Gorkha Hill Council Act, 1988
Section23
JurisdictionState of West Bengal
StatusIn force as published by the source

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