(1) The Government may transfer any institution under its management or control to the Gorkhaland Territorial Administration, subject to such conditions, 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 on deputation to the Gorkhaland Territorial Administration 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.
(3) Persons employed in the Darjeeling Gorkha Hill Council shall, with effect from the date of such transfer, who were borne on Darjeeling Gorkha Hill Council shall be deemed to be the employee of the Gorkhaland Territorial Administration.
Those on deputation to Darjeeling Gorkha Hill Council shall be deemed to be on deputation to the Gorkhaland Territorial Administration or shall be permanently placed to Gorkhaland Territorial Administration depending on their option exercised in keeping with the terms and conditions of their service. The terms and conditions of service of such persons shall not be disadvantageous than what they were entitled to immediately before such transfer.
61. If, at any time, the Government is satisfied that a regulation or by-law or resolution made by the Gorkhaland Territorial Administration or the Executive Sabha is contrary to any provision of the Constitution of India or any law for the time being in force, 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.
26 THE KOLKATA GALETTE, EXTRAORDINARY, MARCH 12, 2012 [PART III The Gorkhaland Territorial Adtninistraton Act, 2011.
(Chapter V1.—Miscellaneous.—Sections 62-68.)
Dissolution.
Effect of supersession.
Members, officers and employees to be public servants.
62. The State Planning Board shall have powers to supervise and evaluate the works of the Gorkhaland Territorial Administration.
63. In the discharge of its functions, the Gorkhaland Territorial Administration shall be guided by such instructions or directions as may be given to it by the Government from time to time for the proper implementation of the objects of the Act.
64. ( I) If in the opinion of the Government, the Gorkhaland Territorial Administration—
(i) has shown its incompetence to perform, or has made default in the performance of, the duties imposed on it by or under the 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 Gorkhaland Territorial Administration Sabha 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 sub-section (1), give to the Gorkhaland Territorial Administration an opportunity of making representation to the Government in respect of the same.
65. When an order of supersession has been passed under section 64 with effect from the date of the order—
(a) all the Members shall vacate their office, and
(b) all the powers, duties and functions of the Gorkhaland Territorial Administration Sabha and the Executive Sabha shall be exercised, discharged and performed by such Sabha or authorities or such person or persons as may be appointed by the Government in this behalf.
66. Notwithstanding anything contained in any State Act, the Gorkhaland Territorial Administration shall, with the approval of the Governor, make rules not inconsistent with those Act, or adopt the rules made under those Acts, which may be applicable to the region.