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State of Jammu-Kashmir - Section

Section 26 in The Jammu and Kashmir State Board of Technical Education Act, 2002

26. Powers to supersede the Board.

(1)If the government is of the opinion that the Board is unable to perform, or has persistently made default in the performance of, the duty imposed in it by or under this Act or has exceeded or abused its powers, or has wilfully or without sufficient cause, failed to comply with any direction issued may, by notification in the Government Gazette, supersede the Board for such period as may be specified in the notification :Provided that before issuing a notification under this sub-section, the Government shall give a reasonable time to the Board to show cause why it should not be superseded and shall consider the explanation and objections, if any, of the Board.
(2)Upon the issuance of the notification under sub-section (1) superseding the Board :-
(a)all the members of the Board shall, notwithstanding that their term of office had not expired, as from the date of supersession, vacate their offices as a members;
(b)all the powers and duties which may, by or under the provisions of this Act, be exercised or performed by or on behalf of the Board shall, during the period of supersession be exercised and performed by such persons as the Government may direct; and
(c)all property vested in the Board shall, during the period of supersession, vest in the government.
(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 as it may consider necessary; or
(b)reconstitute the Board in the manner provided in section 5 of this Act.