Section 53A in The Bihar Intermediate Education Council Act, 1992
53A. [ Power of State Government to supersede the Council. [Added vide Section 2 of Amendment Act 15 of 2004.]
(1)If in the opinion of the State Government the Council 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 failed to carry out the directions issued by the State Government under Section 53 of the Act, or has exceeded or misused its powers or is acting contrary to its jurisdiction, the State Government may, by Notification published in the Official Gazette, supersede the Council for the period of one year:Provided that before issuing a notification under this sub section, the State Government shall by notice provide an opportunity to the Council to show cause within such period as may be specified in the notice why it should not be superseded and shall consider the explanations and objections, if any, of the Council.(2)All the powers and functions and all properties of the Council superseded under sub-section (1) shall vest in the State Government. The State Government may, if it thinks necessary extend the supersession of the Council for a further period or periods not exceeding one year.(3)Upon the publication of the Notification under sub-section (1) of the Section for supersession of the Council.(a)All members of the Council shall vacate their posts with effect from the date of the supersession of the council.(b)All powers and duties to be exercised and performed by or on behalf of the Council under the provisions of the Act shall be exercised and performed by such persons, during the period of supersession of the Council, as the State Government may direct.(4)On expiration of the period of one year specified in the Notification issued under sub-section (1) of this Section or prior to the said period, the state Government may reconstitute the Council. After that all powers and functions and all properties vested in the State Government under sub-section (2) of this Section shall vest in the Council again.]
