Section 78 in The West Bengal Housing Industry Regulation Act, 2017
78. Power of State Government to supersede Authority.
(1)If, at any time, the State Government is of the opinion,-(a)that, on account of circumstances beyond the control of the Authority, it is unable to discharge the functions or perform the duties imposed on it by or under the provisions of this Act; or.(b)that the Authority has persistently defaulted in complying with any direction given by the State Government under this Act or in the discharge of the functions or performance cf the duties imposed on it by or under the provisions of this Act and as a result of such default the financial position of the Authority or the administration of the Authority has suffered; or(c)that circumstances exist which render it necessary in the public interest so to do, the State Government may, by notification, supersede the Authority for such period, not exceeding six months, as may be specified in the notification:Provided that before issuing any such notification, the State Government that give a reasonable opportunity to the Authority to make representations against the proposed supersession and shall consider the representations, if any, of the Authority.(2)Upon the publication of a notification under sub-section (1) superseding the Authority,-(a)the Chairperson and other 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 Authority shall, until the Authority is reconstituted under sub-section (3), be exercised and discharged by the State Government or such authority as the State Government may specify in this behalf; and(c)all properties owned or controlled by the Authority shall, until the Authority is reconstituted under sub-section (3), vest in the State Government.(3)On or before the expiration of the period of supersession specified in the notification issued under sub-section (1), the State Government shall reconstitute the Authority by a fresh appointment of its Chairperson and other Members and in such case any person who had vacated his office under clause (a) of sub-section (2) shall not be deemed to be disqualified for re-appointment.(4)The State Government shall cause a copy of the 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 the State Legislature.
