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Report No. 171

31. Supersession of National Authority.-

(1) If the Central Government is of the opinion that the National Authority is unable to perform, or has persistently made default in the performance of its duties or has exceeded or abused its powers, it may, by notification in the Official Gazette, supersede the Authority for such period as may be specified in the notification;

Provided that, before issuing a notification under this sub-section, the Government shall by notice require the Authority to show cause within such period as may be specified in the notice as to why it should not be superseded and shall consider the explanation and objections if any, of the Authority.

(2) Upon the publication of a notification under sub-section (1) superseding in the Authority -

(a) the Chairperson and all the other members of the Authority shall as from the date of supersession, vacate their offices;

(b) all the powers and duties which, by or under the provisions of this Act, may be exercised or performed by or on behalf of the Authority and the Chairperson, shall, during theperiodof supersession, be exercised and performed by such authority or person as the Government may direct;

(c) all funds and other property vested in the Authority shall during the period of supersession, vest in the authority or person referred to in clause (b); and

(d) all liabilities legally subsisting and enforceable against the Authority shall be enforceable against the authority or person referred to in clause (b) to the extent of the funds and properties vested in it or him.

(3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the Central Government may,-

(a) extend the period of supersession for such further period as it may consider necessary; or

(b) reconstitute the Authority in the manner provided in section 3: Provided that the total period of supersession shall not exceed two years.



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