Power of Provincial Government to supersede the governing body, and suspend business.

§4

Summary

(1) (i) Notwithstanding anything contained in this Act, or any other law for the time being in force, the Provincial Government may, if it deems fit, by an order published in the Official Gazette, declare the governing body of any recognised association to be superseded and may appoint any person or persons to exercise and perform all the powers and duties of the governing body ; and when more persons than one are appointed may appoint one of such persons to be the President: Provided that a reasonable opportunity shall be given to the governing body to explain why it should not be superseded unless the Provincial Government considers that an emergency has arisen when in the interest of the trade or in public interest immediate supersession is necessary. (ii) The members of the governing body which has been superseded shall, as from the date of the order of supersession, cease to be such members. (iii) The person or persons appointed under clause (i) shall hold office for such period as the Provincial Government may, by notification in the Official Gazette, appoint and the Provincial Government may from time to time by like notification extend such period. (iv) The person or persons appointed under clause (i) may exercise and perform all the powers and duties of the governing body which has been superseded. (v) When a person or persons have been appointed under clause (i), all such property of the recognised association as such person or persons may by order in writing declare to be necessary for carrying out the purposes of this Act, shall vest in such person or persons, as the case may be. The property so vested, or which such person or persons may have acquired shall, on the determination of the period of office of such person or persons, re-vest or vest, as the case may be, in the recognised association. (vi) On the determination of the period referred to in clause (iii) the recognised association shall forthwith re-constitute a governing body in accordance with its rules : provided that until the governing body is so re-constituted the person or persons appointed under clause (i) shall continue to exercise and perform their powers and duties. (2) If, in the interest of the trade or in public interest, the Provincial Government considers it necessary to do so, the Provincial Government may by an order published in the Official Gazette direct a recognised association to suspend its business for such period and subject to such conditions as may be specified in the order and the Provincial Government may from time to time by like order extend such period.

(1) (i) Notwithstanding anything contained in this Act, or any other law for the time being in force, the Provincial Government may, if it deems fit, by an order published in the Official Gazette, declare the governing body of any recognised association to be superseded and may appoint any person or persons to exercise and perform all the powers and duties of the governing body ; and when more persons than one are appointed may appoint one of such persons to be the President: Provided that a reasonable opportunity shall be given to the governing body to explain why it should not be superseded unless the Provincial Government considers that an emergency has arisen when in the interest of the trade or in public interest immediate supersession is necessary. (ii) The members of the governing body which has been superseded shall, as from the date of the order of supersession, cease to be such members. (iii) The person or persons appointed under clause (i) shall hold office for such period as the Provincial Government may, by notification in the Official Gazette, appoint and the Provincial Government may from time to time by like notification extend such period. (iv) The person or persons appointed under clause (i) may exercise and perform all the powers and duties of the governing body which has been superseded. (v) When a person or persons have been appointed under clause (i), all such property of the recognised association as such person or persons may by order in writing declare to be necessary for carrying out the purposes of this Act, shall vest in such person or persons, as the case may be. The property so vested, or which such person or persons may have acquired shall, on the determination of the period of office of such person or persons, re-vest or vest, as the case may be, in the recognised association. (vi) On the determination of the period referred to in clause (iii) the recognised association shall forthwith re-constitute a governing body in accordance with its rules : provided that until the governing body is so re-constituted the person or persons appointed under clause (i) shall continue to exercise and perform their powers and duties. (2) If, in the interest of the trade or in public interest, the Provincial Government considers it necessary to do so, the Provincial Government may by an order published in the Official Gazette direct a recognised association to suspend its business for such period and subject to such conditions as may be specified in the order and the Provincial Government may from time to time by like order extend such period.

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