Darjeeling Hill Areas Development Council Act, 1976
No: 26 Dated: May, 03 1976
THE DARJEELING HILL AREAS DEVELOPMENT COUNCIL ACT, 1976
West Bengal Act XXVI of 1976
An Act to provide for the constitution of a Council to ensure co-ordinated and accelerated development of the hill areas of the Darjeeling District.
Whereas it is expedient to provide for the constitution of a Council to ensure co-ordinated and accelerated development of the hill areas of the Darjeeling District and for matters connected therewith ;
It is hereby enacted as follows :-
1. Short title and commencement. - (1) This Act may be called the Darjeeling Hill Areas Development Council Act, 1976.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "Chairman" means the Chairman of the Darjeeling Hill Areas Development Council constituted under this Act;
(b) "Council" means the Darjeeling Hill Areas Development Council constituted under section 3;
(c) "development", with its grammatical variations and cognate expressions, means the carrying out of building, engineering, mining or other operations in, on, over or under land or the making of any material change in any building or land and includes maintenance of supplies and services essential to the life of the community, providing proper facilities for transport, communication, irrigation or drainage and creating better living conditions generally;
(d) "hill areas" means such area or areas in the district of Darjeeling as may be specified by the State Government by notification in the Official Gazette;
(e) "prescribed" means prescribed by rules made under this Act;
(f) "Vice-Chairman" means a Vice-Chairman of the Council.
3. Constitution of the Council. - The State Government shall, by notification in the Official Gazette, constitute for the purposes of this Act a Council by the name of the Darjeeling Hill Areas Development Council.
4. Members of the Council and their allowances. - (1) The Council shall consist of a Chairman who shall be the Minister-in-charge of the Hill Affairs Branch of the Department of Development and Planning and not more than two Vice-Chairmen who shall be nominated by the State Government and the following other members :-
(a) the Secretary to the Government of West Bengal in the Department of Development and Planning, ex officio;
(b) the Commissioner, Jalpaiguri Division, ex officio;
(c) the Deputy Commissioner, Darjeeling, ex officio; and
(d) eighteen other persons to be nominated by the State Government.
(2) The term of office of a Vice-Chairman and of the members referred to in clause (d) of sub-section (1) shall be for such period as may be prescribed and they shall, for attending meetings of the Council, be entitled to such fees and allowances as may be prescribed.
5. Casual vacancies. - (1) A member may resign his office by giving notice in writing to the State Government and on such resignation being accepted he shall be deemed to have vacated his office.
(2) If the office of a Vice-Chairman or of any member referred to in clause (d) of sub-section (1) of section 4 falls vacant by reason of his death, resignation or otherwise, the vacancy shall be filled by the State Government by nomination as soon as possible and the Vice-Chairman or the member so nominated shall hold office for the unexpired portion of the term of office of the Vice-Chairman or the member, as the case may be, whose place he fills.
(3) No act or thing done by the Council shall be invalid merely on the ground of any vacancy or defect in its composition.
6. Secretary and other staff of the Council. - (1) The Council shall have a Secretary and such other staff as may be determined by the State Government.
(2) The Secretary and the other staff shall be appointed by the State Government on such terms and conditions as may be prescribed.
7. Meetings of the Council. - (1) The Council shall meet at such times, at such places and as such intervals as may be decided by the Chairman.
(2) Eight members shall form a quorum for a meeting of the Council :
Provided that no quorum shall be necessary for an adjourned meeting.
(3) The Chairman or in his absence a Vice-Chairman shall preside at the meeting of the Council. When there is no Chairman or Vice-Chairman present in the meeting, the members present shall elect one from amongst themselves to preside at such meeting.