Section 34 in The Darjeeling Gorkha Hill Council Act, 1988
34. [ Chief Executive Councillor and Vice-Chairman. - (1) The first meeting of the General Council after each general election shall be held on the date appointed by the Government under sub-section (1) of section 17.
(2)The Government may nominate one of the elected Councillors, not being a candidate for election as Chairman of the General Council, to preside over the first meeting.(3)The outgoing Chairman and Chief Executive Councillor shall convene the first meeting of the General Council on the appointed date by sending notice, specifying therein the date, time and place of the meeting, to the registered address of each Councillor elected to the General Council at least seventy-two hours before the time fixed for such meeting:Provided that if the outgoing Chairman and Chief Executive Councillor fails to convene the meeting on the appointed date, the Government may authorise an officer to convene the first meeting of the General Council on a date to be specified by the Government in this behalf.(4)The election of the Chairman of the General Council shall be conducted by the elected Councillor nominated by the Government to preside over the first meeting under sub-section (2). The elected Councillors shall, in the prescribed manner, elect from amongst themselves one Councillor to be the Chairman who shall also be the Chief Executive Councillor. The presiding Councillor shall have the right to participate in the election of the Chairman.(5)In the case of any casual vacancy in the office of the Chairman and Chief Executive Councillor caused by death, resignation, removal or otherwise, the elected Councillors shall, in accordance with such procedure as may be prescribed, elect one of the Councillors to fill up the vacancy:Provided that pending the election of a Chairman, the Government may appoint by name one of the Councillors to be the Chairman who shall hold office as Chairman and Chief Executive Councillor, and shall exercise all the powers and discharge all the functions of the Chairman and Chief Executive Councillor, until a Chairman, elected in accordance with the provisions of this Act and the rules made thereunder, enters upon his office.(6)The Chief Executive Councillor may nominate one Councillor to be the Vice-Chairman.(7)The Chief Executive Councillor 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.] [Sections 34 and 35 substituted by W.B. Act 3 of 1994.]
