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The Dock Workers (Regulation of Employment) Act

6BPower to supersede a Board

1[6B. Power to supersede a Board.--(1) If, on consideration of the report under section 6A or otherwise, the Government is of opinion--

(a) that, on account of a grave emergency, a Board is unable to perform its functions, or

(b) that a Board has persistently made default in the discharge of its functions or has exceeded or abused its powers,

the Government may, by notification in the Official Gazette, supersede the Board for such period as may be specified in the notification:

Provided that, before issuing a notification under this sub-section on any of the grounds 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in clause (b), the Government shall give a reasonable opportunity to the Board to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the Board.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) Upon the publication of a notification under sub-section (1),--

(a) all the members of the Board shall, as from the date of such publication, vacate their offices as such members;

(b) all the powers and functions which may be exercised or performed by the Board shall, during the period of supersession, be exercised or performed by such person as may be specified in the notification;

(c) all funds and other property vested in the Board shall, during the period of supersession, vest in the Government.

(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 period as it may consider necessary; or

(b) re-establish the Board in the manner provided in section 5A.]

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1. Ins. by Act 8 of 1962, s. 6 (w.e.f. 1-6-1962).

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