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State of West Bengal - Section

Section 17 in Gorkhaland Territorial Administration Act, 2011

17. Term of office of members.

(1)The elected Members shall hold office for a period of five years from the date appointed by the Government for the first meeting of the Gorkhaland Territorial Administration Sabha after the general election for constitution of the Gorkhaland Territorial Administration Sabha, unless it is dissolved earlier under section 64:Provided that the said period of five years may, if the circumstances exist which, in the opinion of the Government, render the holding of the election as aforesaid impracticable, be extended by the Government for a period not exceeding one year:Provided further that if it is not possible at any time, within the extended period of one year as specified in the first proviso, to hold the first meeting which is required to be held after each general election for constitution of a new Gorkhaland Territorial Administration Sabha, the Government may, by order, appoint any person to be designated as the Administrator, or constitute a Board of Administrators consisting of several persons, one of whom to be appointed as Chairperson of such Board, to exercise the caretaking powers of the Gorkhaland Territorial Administration Sabha for a period not exceeding six months at a time or until the date on which the first meeting of the newly elected Gorkhaland Territorial Administration Sabha is held, whichever is earlier:.Provided also that if the Government may consider necessary so to do in the public interest, it may, by order, change the Administrator or reconstitute the Board of Administrators.
(2)An elected Member, other than the Chief Executive of the Gorkhaland Territorial Administration, shall cease to hold office if -
(a)he ceases to be a Member, or
(b)he resigns his office in writing under his hand addressed to the Chairman of the Gorkhaland Territorial Administration Sabha in which case the resignation shall take effect from the date of its acceptance by the Chairman.
(3)A nominated Member shall hold office until-
(a)he resigns his office in writing under his hand addressed to the Governor, and the resignation shall take effect from the date of its acceptance by the Governor, or
(b)his nomination is cancelled by the Governor, or
(c)a fresh nomination is made in his place by the Governor, or
(d)a new Gorkhaland Territorial Administration Sabha is constituted after a General Election held under sub-section (I) of section 13.