(1) The Chief Executive Councillor shall—
(a) be responsible for the maintenance of the records of the General Council;
(b) have general responsibility for the financial and executive administration;
(c) exercise administrative supervision and control over all officers and employees of the General Council, and the officers and employees whose services may be placed at the disposal of the General Council by the Government;
(d) 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 General Council under this Act or the rules made thereunder:
Provided that the Chief Executive Councillor 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 General Council at a meeting;
(e) exercise such other powers, perform such other functions and discharge such other duties as the General Council may, by general or special resoliftion, direct or as the Government may, by rules made in this behalf, prescribe.
(2) The Vice-Chairman shall—
(a) exercise such of the powers, perform such of the functions and discharge such of the duties of the Chief Executive Councillor as the Chief Executive Councillor may, from time to time, subject to the rules made in this behalf by the Government, delegate to him by order in writing:
Provided that the Chief Executive Councillor may at any time withdraw the powers and functions delegated to the Vice-Chairman;
(b) during the absence of the Chief Executive Councillor, exercise all the powers, perform all the functions and discharge all the duties of the Chief Executive Councillor;
(c) exercise such other powers, perform such other functions, and discharge such other duties as the General Council may, by general or special resolution, direct or as the Government may, by rules made in this behalf, prescribe.
Powers, functions and duties.
141 The Darjeeling Gorkha Hill Council Act, 1988.
[West Ben. Act (Chapter III.—Chief Executive Councillor and Committees of the General Council.—Sections 38-40.)
Executive 38. (1) There shall be an Executive Council consisting of the Chief Council.
Executive Councillor and the Vice-Chairman as the ex officio members and seven other members of the General Council of whom five shall be nominated by the Chief Executive Councillor from amongst the elected members of the General Council and two shall be nominated by the Government from amongst the nominated members of the General Council, provided that no nominated member who is in Government service shall be eligible to be nominated as a member of the Executive Council.
(2) The Chief Executive Councillor and the Vice-Chairman of the General Council shall respectively be the Chairman and the Vice- Chairman of the Executive Council.
(3) Any casual vacancy among the members of the Executive Council referred to in sub-section (1) occurring by reason of death, resignation or otherwise shall be filled by the Chief Executive Councillor in the case of an elected member and by the Government in the case of a nominated member:
Provided that no act or proceedings of the Executive Council shall be called in question or shall become invalid merely by reason of any vacancy among its members.
(4) The manner of transaction of business of the Executive Council shall be such as may be determined by the General Council by regulations with the approval of the Government.
(5) The Executive Council shall be collectively responsible to the General Council.
Term of office of other members of Executive Council.
Discharge of functions.
39. A member of the Executive Council, other than the Chief Executive Councillor or the Vice-Chairman, shall hold office until—
(a) he ceases to be a member of the General Council, or
(b) he resigns his office in writing under his hand addressed to the Chief Executive Councillor in which case the resignation shall take effect from the date of its acceptance, or
(c) his nomination is cancelled by the Chief Executive Councillor where he is nominated by him or by the Government where he is nominated by the Government.