Section 17 in The Darjeeling Gorkha Hill Council Act, 1988
17. Term of office of [Councillors] [Word substituted by W.B. Act 3 of 1994.]. -
(1)The elected [Councillors] [Word substituted by W.B. Act 3 of 1994.] shall hold office for a period of five years from the date appointed by the Government for the first meeting of the General Council after the general election for constitution of the General Council, unless it is dissolved earlier under section 61 :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.(2)[ An elected Councillor, other than the Chairman and Chief Executive Councillor of the General Council, shall cease to hold office if-] [Sub-sections (2) and (3) substituted for original sub-section (2) by W.B. Act 3 of 1994.](a)he ceases to be a Councillor, or(b)he resigns his office in writing under his hand addressed to the Chairman of the General Council, in which case the resignation shall take effect from the date of its acceptance by the General Council.(3)[ A nominated Councillor shall hold office until-] [Sub-sections (2) and (3) substituted for original sub-section (2) by W.B. Act 3 of 1994.](a)he resigns his office in writing under his hand addressed to the Government, if he is nominated by the Government, or to the Chairman of the General Council, if he is nominated by him, and, in each such case, the resignation shall take effect from the date of its acceptance by the Government or the Chairman of the General Council, as the case may be, or(b)his nomination is cancelled by the Government, if he is nominated by the Government, or by the Chairman of the General Council, if he is nominated by him, or(c)a fresh nomination is made in his place by the Government, if he is nominated by the Government, or by the Chairman of the General Council, if he is nominated by him, or(d)a new General Council is constituted after a General Election held under sub-section (1) of section 13.
