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Section 38

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

(1) The Chief Executive—

(a) shall cease to hold office as such forthwith if he ceases to be a Member of Gorkhaland Territorial Administration Sabha; or

(b) may, at any time, by giving notice in writing under his hand addressed to the Governor of the State, resign his office from such date as may be specified in the notice or, if no such date is specified in the notice, from the date of his acceptance by the Governor; or

PART Ill] THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 12, 2012 19 The Gorkhaland Territorial Administration Act, 2011.

(Chapter III—Gorkhaland Territorial Administration Sabha and Committees thereof—Sections 39, 40.)

(c) may be removed from office by a resolution carried by a majority of the total number of elected Members at a special meeting of the Gorkhaland Territorial Administration Sabha called for this purpose upon a requisition made in writing by not less than one-third of such Members.

(2) The Deputy Chief Executive shall hold office until—

(a) he ceases to be a Member, or

(b) he resigns his office in writing under his hand addressed to the Chief Executive, in which case the resignation shall take effect from the date of its acceptance by the Chief Executive, or

(c) his nomination as Deputy Chief Executive is cancelled by the Chief Executive:

Provided that notwithstanding such cancellation of his nomination, he shall, subject to the other provisions of this Act, continue to hold office as a Member of Gorkhaland Territorial Administration Sabha.

Salaries and Allowances of Executive Sabha Member.

Powers, functions and duties.

39. The members of the Executive Sabha shall be whole time functionaries and shall be paid out of the Fund such salaries and allowances and shall be entitled to such leave of absence for such period or periods on such terms and conditions as may be prescribed:

Provided that an Executive Sabha Member, not holding any charge of any matter or department of that Sabha, shall be entitled to the same status and privileges to which any other Member is entitled.

Where this provision sits

ActThe Gorkhaland Territorial Administration Act, 2011
Section38
JurisdictionState of West Bengal
StatusIn force as published by the source

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