17Power of Central Government to supersede the Board
(1) If at any time the Central Government is of opinion--
(a) that on account of grave emergency, the Board is unable to discharge the functions and duties imposed on it by or under the provisions of this Act; or
(b) that the Board has persistently made default in complying with any direction issued by the Central Government under this Act or in the discharge of the functions and duties imposed on it by or under the provisions of this Act and as a result of such default the financial position of the Board or the administration of the Board has deteriorated; or
(c) that circumstances exist which render it necessary in the public interest so to do,
the Central Government may, by notification, supersede the Board for such period, not exceeding six months, as may be specified in the notification.
(2) Upon the publication of a notification under sub-section (1) superseding the Board,
(a) all the members 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 Board, shall until the Board is reconstituted under sub-section (3), be exercised and discharged by such person or persons as the Central Government may direct; and
(c) all property owned or controlled by the Board shall, until the Board is reconstituted under sub-section (3), vest in the Central Government.
(3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the Central Government may reconstitute the Board by a fresh appointment and in such case any person or persons who vacated their offices under clause (a) of sub-section (2), shall not be deemed disqualified for appointment:
Provided that the Central Government may, at any time, before the expiration of the period of supersession, take action under this sub-section.
(4) The Central 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 each House of Parliament at the earliest.
Download our fully-offline, High speed android app.- Click here
- 16 Power of Central Government to issue direction
- 17 Power of Central Government to supersede the Board
- 18 Returns and reports
- 19 Delegation
- 20 Appeals
- 20A Bar of jurisdiction
- 21 Savings
- 22 Members, officers and employees of the Board to be public servants
- 23 Protection of action taken in good faith
- 24 Offences
- 24A Composition of certain offences
- 24B Power to grant immunity
- 25 Exemption from tax on wealth and income
- 26 Cognizance of offences by courts
- 26A Establishment of Special Courts
- 26B Offences triable by Special Courts
- 26C Appeal and revision
- 26D Application of Code to proceedings before Special Court
- 26E Transitional provisions
- 27 Contravention by companies
- 28 Omitted.
- 28A Recovery of amounts
- 28B Continuance of proceedings
- 29 Power to make rules
- 30 Power to make regulations
- 31 Rules and regulations to be laid before Parliament
- 32 Application of other laws not barred
- 33 Repealed.
- 34 Power to remove difficulties
- 34A Validation of certain acts
- 35 Repeal and saving