(1) The Government may transfer any institution under its Transfer of management or control to the General Council, subject to such conditions, institution.
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 employed by the General Council 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.
147 The Darjeeling Gorkha Hill Council Act, 1988.
[West Ben. Act (Chapter VI.—Miscellaneous.—Sections 58-62.)
Annulment or suspension of acts and resolutions.
58. If, at any time, the Government is satisfied that a regulation or by-law or resolution made by the General Council or the Executive Council is likely to endanger the safety or security of the State, 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.
Power of 59. The State Planning Board shall have power to supervise and State Planning evaluate the works of the General Council.
Board.
Power of 60. In the discharge of its functions, the General Council shall be issue guided by such instructions or directions as may be given to it by the directions.
Government from time to time for the proper implementation of the objects of this Act.
Dissolution. 61. (1) If, in the opinion of the Government, the General Council—
(i) has shown its incompetence to perform, or has made default in the performance of, the duties imposed on it by or under this 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 General Council 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 subsection (1), give to the General Council a notice containing the charges and an opportunity of making representation to the Government in respect of the same.
Effect of supersession.
62. When an order of supersession has been passed under section 61, with effect from the date of the order,—
(a) all the members of the General Council shall vacate their office; and
(b) all the powers, duties. and functions of the General Council and the Executive Council shall be exercised, discharged and performed by such authority or authorities or such person or persons as may be appointed by the Government in this behalf.
148 The Darjeeling Gorkha Hill Council Act, 1988.
XIII of 1988.]
(Chapter V1.—Miscellaneous.—Sections 63-68.)
63. If any provision of any regulation or by-law made by the General Council is repugnant to any provision of a law made by the Legislature of the State of West Bengal with respect to that matter, then, the regulation or the by-law so made, whether made before or after the law made by the Legislature of the State of West Bengal, shall, to the extent of the repugnancy, be void and the law made by the Legislature of the State of West Bengal shall prevail.