section 113
Power of State Government to supersede State Authority
The Mental Healthcare Act, 2017Health2017126 sections
Statutory text
Provided that before issuing a notification under this sub-section, the State Government shall give a reasonable opportunity to the State Authority to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the State Authority.
- (2) Upon the publication of a notification under sub-section (1),—
- (a) all the members of the State Authority shall, as from the date of supersession, vacate their offices as such;
- (b) all the powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the State Authority shall, until the State Authority is reconstituted under sub-section (3), be exercised and discharged by such person or persons as the State Government may direct;
- (c) all property owned or controlled by the State Authority shall, until the State Authority is reconstituted under sub-section (3), 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 period as it may consider necessary; or
- (b) reconstitute the State Authority by fresh appointment and in such case any person who vacated their office under clause (a) of sub-section (2) shall not be deemed disqualified for appointment.
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