(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 20 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 rules 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.
68. The Chief Executive, the Duputy Chief Executive, Chairman, Deputy Chairman, the Members, the officers and other employees of the Gorkhaland Territorial Administration shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860.
Power of State Planning Board Power of issue directions.
Power to make rules under State Acts by the Gorkhaland Territorial Administration.
Power to make rules.
45 of 1860.
PART IIIl THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 12, 2012 27 The Gorkhaland Territorial Administraton Act, 2011.
(Chapter V1.—Miscellaneous.—Sections 69-74.)
Validation.
69. No act or proceeding of the Gorkhaland Territorial Administration shall be deemed to be invalid merely by reason of existence of any vacancy in the Gorkhaland Territorial Administration Sabha or any defect or irregularity in the constitution thereof.
70. No suit or other legal proceeding shall lie against the Gorkhaland Territorial Administration or against any Member or against any officer or employee of the Gorkhaland Territorial Administration for anything in good faith done or intended to be done in pursuance of this Act or of any rules or regulations made thereunder.
71. If any question arises as to the interpretation of any of the provisions of this Act or the rules made thereunder, the same shall be referred to the Government whose decision thereon shall be final.
Indemnity.
Interpretation.
Removal of difficulties.
Saving.
72. If any difficulties arise 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 expendient 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.
73. Nothing in this Act shall affect the application of any law; whether made before or after this Act, to the region, unless such law specifically provided for exclusion of the region from such application.
Explanation.—For the purpose of this section "law" shall include any enactment, ordinance, regulation, order, by-law, rule, scheme, notification or other instrument having the force of law.
Repeal. 74. The Darjeeling Gorkha Hill Council Act, 1988 is hereby repealed. West Ben. Act XIII of 1988.
28 THE KOLKATA GAZFTTE, EXTRAORDINARY, MARCH 12, 2012 [PART BI The Gorkhaland Territorial Administration Act, 2011.
(First Schedule.)
FIRST SCHEDULE (See section 23) Form of oath or affirmation of elected (or nominated) member of the Gorkhaland Territorial Administration Sahba I, A.B. , having been elected (or nominated) a member of the Gorkhaland Territorial Administration Sabha, do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India and integrity of India.
(Signature and name of the member in block letter) Sworn in the name of God/solemnly affirmed by Shri/Shrimati at (place) at (hour) on this the day of before me.
(Signature) (Name, designation and seal) Certificate of receipt of form of oath or affirmation Certified that (name), who has been elected to the Gorkhaland Territorial Administration Sabha from Constituency/nominated to the Gorkhaland Territorial Administration Sabha, has made and subscribed the oath/affirmation as required by section 23 of the Gorkhaland Territorial Administration Act, 2011, before me at office at (hour) on the (date).
(Signature) (Name, designation and seal)
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 12, 2012 29 The Gorkhaland Territorial Administration Act, 2011.
(Second Schedule.)
SECOND SCHEDULE [See section 37(10)] Form of oath or affirmation of Chief Executive of the Gorkhaland Territorial Administration I, A.B. having been elected Chief Executive of the Gorkhaland Territorial Administration, do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India and integrity of India.
(Signature and name of the Chief Executive in block letter) Sworn in the name of God/solemnly affirmed by Shri/Shrimati at (place) at (hour) on this the day of before me.
(Signature) (Governor of West Bengal) Certificate of receipt of form of oath or affirmation Certified that (name), who has been elected Chief Executive of the Gorkhaland Territorial Administration, has made and subscribed the oath/affirmation as required by sub-section (10) of section 37 of the Gorkhaland Territorial Administration Act, 2011, before the Governor at (hour) on the (date).
(Signature) Secretary to the Governor of West Bengal.
By order of the Governor, B. K. SRIVASTAVA, Secy.-in-charge to the Govt. of West Bengal, Law Department.
Published by the Controller of Printing and Stationery, West Bengal and printed at Saraswaty Press Ltd.
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