19Power of the 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 in the Official Gazette, 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.
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- 1 Short title, extent and commencement
- 2 Definitions
- 3 Constitution and incorporation of the Board
- 4 Secretary and other officers
- 5 Advisory Committees
- 6 Transfer of assets and liabilities of the Cardamom Board and the Spices Export Promotion Council to the Board
- 7 Functions of the Board
- 8 Registration of owners of cardamom estates
- 9 Power of State Government to make rules
- 10 Returns to be made by registered owners
- 11 No person to export spices without certificate
- 12 Grant of certificate
- 13 Cancellation, suspension, etc., of certificate
- 14 Appeal
- 15 Power to permit export without certificate
- 16 Power to control price and distribution of cardamom
- 17 Power to prohibit or control import of cardamom
- 18 Power of the Central Government to issue directions
- 19 Power of the Central Government to supersede the Board
- 20 Grants and loans by the Central Government
- 21 Board Fund
- 22 Budget
- 23 Annual report
- 24 Accounts and audit
- 25 Annual report and auditor’s report to be laid before Parliament
- 26 Penalty for making false returns
- 27 Penalties for obstructing an officer or member of the Board in the discharge of his duties and for failure to produce books and records
- 28 Penalty for contravention of order relating to control of price, etc
- 29 Penalties for contravention of section 11 or any order made under section 17
- 30 Other penalties
- 31 Offences by companies
- 32 Provisions of Act 52 of 1962 to apply to export of spices and import of cardamom
- 33 Previous sanction of the Central Government
- 34 Delegation
- 35 Members, officers and employees of the Board to be public servants
- 36 Protection of action taken in good faith
- 37 Power to enter
- 38 Power to make rules
- 39 Power to make regulations
- 40 Rules and regulations to be laid before Parliament
- 41 Power to remove difficulties
- 42 Repeal and savings