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State of Gujarat - Section

Section 46 in Gujarat State Council for Physiotherapy Act, 2011

46. Power to supersede Council.

(1)If the Government is of the opinion that the Council is unable to perform, or has persistently made default in the performance of, the duty imposed on it by or under this Act, or has exceeded or abused it powers, or has wilfully or without sufficient cause failed to comply with any direction issued by the State Government under section 45, the State Government may, by notification in the Official Gazette, supersede the Council for such period as may be specified in the notification :Provided that before issuing a notification under sub-section (1) thereby, the State Government shall issue a notice to the Council and shall give reasonable time to it to show cause.
(2)Upon the publication of a notification under sub-section, (1) superseding the Council, -
(a)all the members of the Council shall, notwithstanding that their term of office has not expired, as from the date of supersession, vacate their offices as such 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 Council shall, during the period of supersession, be exercised and performed by such person or persons as the Government may direct;
(c)all property vested in the Council shall, during the period of supersession, vest in the State Government:
(d)on the expiration of the period of supersession specified in the notification issued under sub-section (1), the Government may -
(i)extend the period of suppression for such further period as it may consider necessary, or
(ii)reconstitute the Council in the prescribed manner.