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State of Kerala - Section

Section 35 in Kerala Labour Welfare Fund Act, 1975

35. Supersession of Board.

(1)If the Government are of opinion that the Board is unable to perform, or has persistently made default in the performance of the duties imposed on it by or under this Act or has exceeded or abused its powers, they may by notification in the Gazette supersede the Board for such period not exceeding six months, as may be specified in the notification:Provided that before issuing a notification under this sub-section, the Government shall, by notice, require the Board to show cause within such period as may be specified in the notice why it should not be superseded and shall consider the explanations and objections, if any, of the Board.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) superseding the Board,-
(a)all the members of the Board shall, as from the date of supersession, vacate their offices as such;
(b)all the powers and duties which may, by or under the provision of this Act, be exercised or preformed by or on behalf of the Board and the Chairman shall, during the period of supersession, be exercised and performed by such authority or person as the Government may direct;
(c)all funds and other property vested in the Board shall, during the period of supersession, vest in the authority or person referred to in clause (b); and
(d)all liabilities legally subsisting and enforceable against the Board shall be enforceable against the authority or person referred to in clause (b) to the extent or the funds and properties vested in it or him.
(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 not exceeding six months as they may consider necessary; or
(b)reconstitute the Board in the manner provided in section 5.