Section 40 in Gorkhaland Territorial Administration Act, 2011
40. Powers, functions and duties.
(1)The Chief Executive shall-(a)have general responsibility for the financial and executive administration;(b)exercise administrative supervision and control over all officers and employees of the Gorkhaland Territorial Administration, and the officers and employees whose services may be placed at the disposal of the Gorkhaland Territorial Administration by the Government;(c)for the transaction of business under this Act or for the purpose of making any order under this Act, exercise such powers, perform such functions and discharge such duties as may be exercised, performed or discharged by the Gorkhaland Territorial Administration under this Act or the rules made thereunder:Provided that the Chief Executive shall not exercise such powers, perform such functions or discharge such duties as may be required by the rules made under this Act to be exercised, performed or discharged by the Gorkhaland Territorial Administration Sabha at a meeting;(d)exercise such other powers, perform such other functions and discharge such other duties as the Gorkhaland Territorial Administration may, by general or special resolution, direct or as the Government may, by rule made in this behalf, prescribe.(2)Notwithstanding anything contained in sub-section (1) or any other provisions of this Act, where the Administrator or the Board of Administrators has been appointed or constituted, as the case may be, by the Government under the second proviso to subsection (1) of section 17, the powers exercisable, and functions performed, by the Chief Executive under the Act shall be exercised and performed by such authority as the Government may, by notification, specify.(3)The Deputy Chief Executive shall -(a)exercise such of the powers, perform such of the functions and discharge such of the duties of the Chief Executive as the Chief Executive may from time to time, subject to the rules make in this behalf by the Government, delegate to him by order in writing:Provided that the Chief Executive may at any time withdraw the powers and functions delegated to the Deputy Chief Executive;(b)during the absence of the Chief Executive, exercise all the powers, perform all the functions and discharge all duties of the Chief Executive;(c)exercise such other powers, perform such other functions, and discharge such other duties as the Gorkhaland Territorial Administration Sabha may, by general or special resolution, direct or as the Government may, by rules made in this behalf, prescribe.
