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Section 25

The Gorkhaland Territorial Administration Act, 2011State Act of West Bengal · Act 20 of 2011

(1) The Gorkhaland Territorial Administration Sabha shall meet for the conduct of business at least once in every three months and shall conduct its business in such manner and in accordance with such procedure as may be determined by it by regulations with the approval of the Government.

(2) The quorum necessary for the transaction of business at a meeting of the Gorkhaland Territorial Administration Sabha shall be not less than one-third of its total number of Members and the decision of the Gorkhaland Territorial Administration Sabha shall be by simple majority of votes of the Members present.

26. 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 Gorkhaland Territorial Administration shall have administrative, financial and executive powers in the region in relation to—

(i) Agriculture, including agricultural education and research protecting against pest and prevention of plants diseases; Horticulture, Floriculture and Food processing;

Conduct of business.

Matter to be under control and administration of Gorkhaland Territorial Administration.

PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 12, 2012 13 The Gorkhaland Territorial Administration Act, 2011.

(Chapter 11.—Powers and Functions of the Gorkhaland Territorial Administration.—Section 26.)

(ii) Animal Husbandry and Veterinary, that is to say preservation, protection and improvement of stock and prevention of animal diseases, veterinary training and practices, cattle pounds; Dairy development;

(iii) Co-operation;

(iv) Information and Cultural Affairs;

(v) School Education including primary education, secondary education, higher secondary education (including vocational training); Physical Education; Government Schools;

(vi) College Education including Agricultural and Technical Colleges;

Local Management of Government sponsored Colleges; Mass Education and Physical Education; Engineering, Medical, Management, and Information Technology with Government and Government sponsored colleges for which wings or cells shall have to be created by the Gorkhaland Territorial Administration for the area under its jurisdiction;

(vii) Adult Education and Library Services;

(viii) Fisheries;

(ix) Irrigation, drainage and embankments, floods and landslide protection;

(x) Food and Civil Supplies; Consumer Affairs;

(xi) Management of any forest, not being Reserved Forest;

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

(xii) Micro and Small Scale Industries, handloom and textiles; handicrafts and Khadi and Village industries;

(xiii) Cinchona plantation and settlement of land in possession of the plantation inhabitants; management of lease of cinchona lands etc.

under it;

(xiv) Woman and Child Development and Social Welfare;

(xv) District Sainik Board;

(xvi) "Health including Public Health and Family welfare" including hospitals, dispensaries, health centres and sanatoriums, establishing a Nurses Training School;

(xvii) Intoxicating liquors, opium derivatives subject to the provisions of Entry 84 of List I of the Seventh Schedule; distilleries—control and regulation, Bonded House and raising of revenue;

(xviii) Irrigation;

(xix) Water Resources Investigation and Minor Irrigation;

(xx) Labour and Employment;

(xxi) Land and Land Revenue including allotment, occupation or use, setting apart of land other than land with reserved forest for the purposes of agriculture or grazing or for residential or other nonagricultural purposes to promote interest of the people;

(xxii) Library services (financed and controlled by the State Government);

(xxiii) Lotteries (subject to the provisions of the Entry 40 of the List I of the Seventh Schedule);

(xxiv) Theatre, dramatic performances and cinemas (subject to the provisions of the Entry 60 of the List I of the Seventh Schedule);

sports; entertainment and amusements;

16 of 1927.

14 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 12, 2012 [PART III The Gorkhaland Territorial Administration Act, 2011.

(Chapter IL—Powers and Functions of the Gorkhaland Territorial Administration.—Section 26.)

(xxv) Markets and fairs;

(xxvi) Municipal corporation, improvement of trust, district boards and other local authorities; Fire Services;

(xxvii) Museum and archeology institutions controlled or financed by the State, ancient and historical monuments and records other than those declared by or under any Law made by Parliament to be of national importance;

(xxviii) Panchayat and Rural Development including District Rural Development Agency;

(xxix) Planning and Development;

(xxx) Printing and Stationery;

(xxxi) Public Health Engineering;

(xxxii) Public Works Depai Intent including work relating to State Highways as well as the responsibility discharged by the State Government for maintenance of National Highways within the jurisdiction of Gorkhaland Territorial Administration;

(xxxiii) Publicity and Public Relations including Regulation of Media—both Print and Electronic media;

(xxxiv) Registration of births and deaths;

(xxxv) Relief and Rehabilitation; disaster management;

(xxxvi) Sericulture;

(xxxvii) Small cottage and rural industry subject to the provisions of Entries 7 and 52 of List I of the Seventh Schedule;

(xxxviii) Social Welfare, including welfare of Scheduled Castes and Scheduled Tribes, and Scheduled Castes and Scheduled Tribes Development and Finance Corporation that may be set up for Gorkhaland Territorial Administration; tribal research institutions that may be set up for Gorkhaland Territorial Administration area;

(xxxix) Soil conservation;

(xl) Sports and Youth Welfare;

(xli) Statistics;

(xlii) Tourism; along with Tourism infrastructure within the jurisdiction of the Gorkhaland Territorial Administration area including Tourism Development Corporation that may be set up for the Gorkhaland Territorial Administration area;

(xl iii) Transport (roads, bridges, ferries and other means of communication not specified in List I of the Seventh Schedule, municipal tramways, ropeways, inland waterways and traffic thereon, subject to the provision of List I and List III of the Seventh Schedule with regard to such waterways, vehicles and other mechanically propelled vehicles);

(xliv) Urban development town and country planning;

(xlv) Weights and measures subject to the provisions of Entry 50 of List I of the Seventh Schedule;

(xlvi) Welfare of plain tribes and backward classes subject to the area being under Gorkhaland Territorial Administration only;

(xlvii) Welfare of the Scheduled Castes and Scheduled Tribes and Other Backward Classes;

(xlviii) Welfare of Minorities;

PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 12, 2012 15 Regional Transport Authority for Gorkhaland Territorial Administration.

The Gorkhaland Territorial Administration Act, 2011.

(Chapter IL—Powers and Functions of the Gorkhaland Territorial Administration.—Sections 27-32.)

(xlix) Management and settlement of land including markets and market shed controlled by the Darjeeling Improvement Fund;

(1) Minor Minerals and Mineral development (subject to the provisions of the Entry 23 of the List II of the Seventh Schedule);

(1i) Rural electrification;

(lii) Renewable sources of energy including water-power (subject to Entry 56 of the List I and Entry 38 of the List III of the Seventh Schedule);

(liii) Sharing electricity with Gorkhaland Territorial Administration subject to evolving a mutually agreeable formula with the State Government;

(liv) Pounds and prevention of cattle trespass;

(Iv) Management of burial grounds and cremation grounds;

(lvi) Regulation of Cable channels, to the extent the powers of Central Act, i.e. the Cable Television Networks (Regulation) Act, 1995, vests with the State Government;

(Ivii) Tauzi; Tauzi Department of the Collectorate.

27. There shall be a Regional Transport Authority for the Gorkhaland Territorial Administration area with District Magistrate as the Chairman and two non-official members to be nominated by the Chief Executive.

7 of 1995.

General powers.

Power to acquire, hold and dispose of property etc.

Power to make regulations.

Power of Government to entrust functions.

Property vested in Gorkhaland Territorial Administration.

28. Subject to the general policy and direction of the Government, the Gorkhaland Territorial Administration shall—

(i) formulate integrated development plans for the region, and

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

29. The power of the Gorkhaland Territorial Administration to acquire, hold and dispose of property and to enter into contracts under section 4 shall be subject to the condition that in all cases of acquisition or disposal of immovable property, the value of which exceeds rupees one crore or which is outside in the region the Gorkhaland Territorial Administration obtain previous approval of the Government.

Where this provision sits

ActThe Gorkhaland Territorial Administration Act, 2011
Section25
JurisdictionState of West Bengal
StatusIn force as published by the source

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