Power to supersede the Council.

§40

Summary

(1) If at any time it appears to the State Government that the Council or its President or Vice-President has failed to exercise or has persistently made default in the performance of the duties imposed on it or him by or under this Act or has exceeded or abused any of the powers conferred upon it or him by or under this Act, or has wilfully or without sufficient cause failed to comply with any direction issued by the State Government under section 39, the State Government may, by a notification in the Official Gazette, supersede the Council for such period as may be specified in the notification : Provided that, before issuing a notification under this sub-section, the Government shall give a reasonable time to the Council to show cause as to why it should not be superseded and shall consider the explanation and objection, if any, of the Council. (2) Upon the publication of a notification under sub-section (1) superseding the Council,- (a) all the Members of the Council shall, notwithstanding that their terms of office had not expired on the date of supersession, vacate their offices; (b) all the powers and duties which may by order under the provisions of this Act, be exercised or performed by or on behalf of the Council shall, during the period of supersession, be exercised and performed by such person or persons as the State Government may direct; (c) all property vested in the Council shall, during the period of supersession, 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 but which period shall not in the aggregate be more than two years; or (b) take steps to constitute a new Council in the manner provided.

(1) If at any time it appears to the State Government that the Council or its President or Vice-President has failed to exercise or has persistently made default in the performance of the duties imposed on it or him by or under this Act or has exceeded or abused any of the powers conferred upon it or him by or under this Act, or has wilfully or without sufficient cause failed to comply with any direction issued by the State Government under section 39, the State Government may, by a notification in the Official Gazette, supersede the Council for such period as may be specified in the notification : Provided that, before issuing a notification under this sub-section, the Government shall give a reasonable time to the Council to show cause as to why it should not be superseded and shall consider the explanation and objection, if any, of the Council. (2) Upon the publication of a notification under sub-section (1) superseding the Council,- (a) all the Members of the Council shall, notwithstanding that their terms of office had not expired on the date of supersession, vacate their offices; (b) all the powers and duties which may by order under the provisions of this Act, be exercised or performed by or on behalf of the Council shall, during the period of supersession, be exercised and performed by such person or persons as the State Government may direct; (c) all property vested in the Council shall, during the period of supersession, 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 but which period shall not in the aggregate be more than two years; or (b) take steps to constitute a new Council in the manner provided.

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