Section 19 in Bihar Integrated Check-Post Authority Act, 2011
19. Power of Government to supersede Authority.
(1)If, at any time, the Government is of opinion -(a)that the Authority is unable to discharge the functions and 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 issued by the Government under this Act or in the discharge of the functions and duties imposed on it by or under the provisions of this Act and as a result of default the financial position of the Authority or the administration of an integrated check-post has deteriorated;(c)that circumstances exist which render it necessary in the public interest so to do, the Government may by notification in the Official Gazette, supersede the Authority for such period, not exceeding six months, as may be specified in the notification.(2)Upon the publication of a notification under sub-section (1) superseding the Authority -(a)Chairman and all 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 such person or persons as the Government may direct; and(c)all property owned or controlled by the Authority shall, until the Authority is reconstituted under sub-section (3), vest in the Government.(3)On the expiration of the period of supersession specified in the notification issued under sub-section (1), Government may -(a)extend the period of supersession for such further term not exceeding six months, as it may consider necessary, or(b)reconstitute the Authority by fresh appointment and in such case the Chairman and other members who vacated their offices under clause (a) of sub-section (2) shall not be deemed disqualified for appointment:Provided that the Government may, at any time before the expiration of the period of supersession, whether as originally specified under sub-section (1) or as extended under this sub-section, take action under clause (b) of this sub-section.(4)The Government shall cause a 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 Legislature at the earliest opportunity.
