Power of the State Government to supersede Board

(1) If at any time, the State Government is of the opinion that the Board is unable to or has persistently defaulted for any reason whatsoever to perform the duties imposed on 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 greatly suffered, the State Government may, by notification in the official Gazette, supersede the Board for a period not exceeding six months at a time or till reconstitution of Board, whichever is earlier : Provided that the State Government shall give a reasonable opportunity to the Board to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the Board before issuing a notification under this sub-section. (2) Upon the publication of the notification under sub-section (1) — (a) all 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 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 State Government may direct; and (c) all properties vested in the Board shall, until the Board is reconstituted, vest in the State Government. (3) On the expiration of the period of supersession specified in the notification issued under sub-section(1), the State Government may,— (a) extend the period of supersession for such further term, not exceeding six months, or (b) reconstitute the Board by fresh appointment in which case, a person who has vacated his office under clause (a) of sub-section (2) shall not be deemed as disqualified for re-appointment only for reason of such vacation; or (c) reconstitute the Board by appointment only for such period as it may consider necessary, in which case a person who has vacated his office under clause (a) of sub-section (2) shall not be deemed as disqualified for reappointment only for reason of such vacation: Provided that the State 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 (c) of this sub-section. (4) The State Government shall issue a notification under sub-section (1) and a full report of any action taken under this section and the circumstances leading to such action and lay it before the State Legislative Assembly at the earliest possible opportunity.