Power of Government to supersede the Board

Power of Government to supersede the Board.—

1. (1) If, at any time, the Government is of opinion,—
   • (a) that on account of grave emergency, the Board is unable to perform the duties imposed on it by or under the provisions of this Act or any other law; or
   • (b) that the Board has persistently made default in the performance of the duties imposed upon it by or under the provisions of this Act or of any other law and as a result of such default, the financial position of the Board or the administration of the ports has deteriorated considerably, the Government may, by notification, supersede the Board for such period, not exceeding six months at a time, as may be specified in the notification: Provided that before issuing a notification under this sub-section for the reasons mentioned in clause (b), the Government shall give a reasonable opportunity to the Board to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the Board.
2. (2) Upon the publication of the notification under sub-section (1) superseding the Board,—
   • (a) all the members of the Board shall, as from the date of supersession, vacate their offices as such members of the Board;
   • (b) all the powers and duties which may, by or under the provisions of this Act, or of any other law, be exercised or performed by or on behalf of the Board shall, until the Board is reconstituted under clause (b) or clause (c) of sub-section (3), be exercised and performed by such person or persons as the Government may direct;
   • (c) all property vested in the Board shall, until the Board is reconstituted under clause (b) or (c) of sub-section (3), vest in the Government.
3. (3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the Government may,—
   • (a) extend the period of supersession for such further term, not exceeding six months, as it may consider necessary; or
   • (b) reconstitute the Board by fresh appointment and in such case, any person who has vacated his office under clause (a) of sub-section (2) shall not be deemed to have disqualified for appointment; or
   • (c) reconstitute the Board by appointment only for such period as it may consider necessary and in such a case the persons who vacated their offices under clause (a) of sub-section (2) shall not be deemed to have disqualified for such appointment merely because they were members of the Board when the Board was superseded: Provided that the Government may, at any time before the expiration of the period of supersession, whether as originally specified under sub-section (1) or as extended under this sub-section, take action under clause (b) or clause (c) of this sub-section.
4. (4) The Government shall cause a notification issued under sub-section (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before the Legislative Assembly at the earliest possible opportunity.