Section 37 in Gorkhaland Territorial Administration Act, 2011
37. Chief Executive, Deputy Chief Executive, Chairman, Deputy Chairman etc.
(1)The first meeting of the Gorkhaland Territorial Administration Sabha after each general election shall be held on the date appointed by Government under subsection (1) of section 17.(2)There shall be a Chairman who shall be elected in such manner as may be prescribed by rules by the Government, and who shall preside over the conduct of business of the Gorkhaland Territorial Administration Sabha.(3)The Chairman of the Gorkhaland Territorial Administration Sabha -(a)shall cease to hold office as such forthwith if he ceases to be a Member of Gorkhaland Territorial Administration Sabha;(b)may, at any time, by giving notice in writing under his hand addressed to the Chief Executive of the Gorkhaland Territorial Administration, 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 Chief Executive of the Gorkhaland Territorial Administration;(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.(4)There shall be a Deputy Chairman, who shall be elected in such manner as may be prescribed by the Government, who in absence of the Chairman shall conduct the business of the Gorkhaland Territorial Administration Sabha. The Deputy Chairman of the Gorkhaland Territorial Administration Sabha shall continue to 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 of the Gorkhaland Territorial Administration, in which case the resignation shall take effect from the date of its acceptance by the Chief Executive of the Gorkhaland Territorial Administration, or(c)his election as Deputy Chairman is cancelled by the Chief Executive of the Gorkhaland Territorial Administration:Provided that notwithstanding such cancellation of his election, he shall, subject to the other provisions of this Act, continue to hold office as a Member.(5)The Government may nominate one of the elected Members, not being a candidate for election as Chairman of the Gorkhaland Territorial Administration Sabha, to preside over the first meeting for the election of Chairman of the Gorkhaland Territorial Administration Sabha.(6)There shall be a Chief Executive of the Gorkhaland Territorial Administration who shall be elected by the elected members from amongst themselves in such manner as may be prescribed. The election of the Chief Executive of the Gorkhaland Territorial Administration shall be conducted by Chairman who shall preside over the meeting immediately after he is elected as Chairman under sub-section (2).(7)The outgoing Chief Executive of the Gorkhaland Territorial Administration shall convene the first meeting of the Gorkhaland Territorial Administration Sabha on the appointed date by sending notice, specifying therein the date, time and place of the meeting to the registered address of each Member elected to the Gorkhaland Territorial Administration Sabha at least seventy-two hours before the time fixed for such meeting:Provided that if the outgoing Chief Executive of the Gorkhaland Territorial Administration fails to convene the meeting on the appointed date, the Government may authorize an officer to convene the first meeting of the Gorkhaland Territorial Administration Sabha on a date to be specified by the Government in this behalf.(8)In the case of any casual vacancy in the office of the Chief Executive caused by death, resignation, removal or otherwise, the elected Members shall, in accordance with such procedure as may be prescribed, elect one of the Members to fill up the vacancy:Provided that pending the election of a Chief Executive, the Government may appoint by name one of the Members to be the Chief Executive who shall hold office as Chief Executive and shall exercise all the powers and discharge all the functions of the Chief Executive, until a Chief Executive, elected in accordance with the provisions of this Act and the rules made thereunder, enters upon his office.(9)The Chief Executive may nominate one Member to be the Deputy Chief Executive.(10)The Chief Executive shall, within one month from the date of election, make and subscribe before the Governor an oath or affirmation and shall be given a certificate of receipt of oath or affirmation as so made and subscribed according to the form set out for the purpose in the Second Schedule.
