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[Cites 0, Cited by 0] [Section 38] [Entire Act]

Bengal Presidency - Subsection

Section 38(1) in Calcutta Port Act, 1890

(1)If, at any time, the Central Government is of opinion-
(a)that on account of grave emergency, the Commissioners are unable to perform the duties imposed on them by or under the provisions of this Act or of any other law, or
(b)that the Commissioners have persistently made default in the performance of the duties imposed on them by or under the provisions of this Act or of any other law and as a result of such default the financial position of the Commissioners or the administrations of the Port has greatly deteriorated.
the Central Government may, by notification in the Official Gazette, supersede the Commissioners for such period not exceeding six months at a time, as may be specified in the notification:Provided that before issuing a notification under this sub-section for reasons mentioned in clause (b), the Central Government shall give a reasonable time of not less than three months to the Commissioners to show cause why they should not be superseded and shall consider the explanations and objections, if any, of the Commissioners.