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Section 64

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

(1) The Government may make rules providing for any matter which under any provision of this Act is required to be prescribed or to be provided for by rules.

(2) Every rule made under this section or under section 19 shall be laid, as soon as may be after it is made, before the State Legislature, while it is in session, for a total period of fourteen days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the State Legislature agrees in making any modification in the rule or the State Legislature agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

65. The Chief Executive Councillor, the Vice-Chairman and the other members of the Executive Council and the officers and other employees of the General Council shall be deemed to be public servants 45 of 1860 within the meaning of section 21 of the Indian Penal Code.

Application of Acts of the Legislature of the State.

Power of Government to make rules.

Members, officers and employees to be public servants.

66. No act or proceeding of the General Council shall be deemed Validation.

to be invalid merely by reason of existence of any vacancy in the General Council or any defect or irregularity in the constitution thereof.

67. No suit or other legal proceeding shall lie against the General Indemnity.

Council or against any member or officer or employee thereof for anything in good faith done or intended to be done in pursuance of this Act or of any rules or regulations made thereunder.

68. If any question arises as to the interpretation of any of the Interpretation.

provisions of this Act or the rules made thereunder, the same shall be referred to the Government whose decision thereon shall be final.

149 The Darjeeling Gorkha Hill Council Act, 1988.

[West Ben. Act XIII of 1988.]

(Chapter VI.—Miscellaneous.—Sections 69-71.)

Removal of difficulties.

Saving.

Repeal.

69. If any difficulty arises in giving effect to the provisions of this Act, the Government may by order do anything, not inconsistent with the provisions of this Act, as may appear necessary or expedient for the purpose of removing the difficulty:

Provided that no such order shall be made after the expiry of a period of two years from the date of publication of this Act in the Official Gazette.

70. Nothing in this Act shall affect the application of any law, whether made before or after this Act, to the hill areas, unless such law specifically provides for exclusion of the hill areas from such application.

Explanation.—For the purposes of this section, "law" shall include any enactment, ordinance, regulation, order, by-law, rule, scheme, notification or other instrument having the force of law.

71. The Darjeeling Hill Areas Development Council Act, 1976, is West Ben.

Act XXVI of hereby repealed. 1976.

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Where this provision sits

ActThe Darjeeling Gorkha Hill Council Act, 1988
Section64
JurisdictionState of West Bengal
StatusIn force as published by the source

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