APFPEDA Act 11Chapter II · Agricultural and Processed Food Products Export Development Authority
Section 11 · Power to supersede the Authority
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(1) If the Central Government is of the opinion that the
Authority 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 its powers, or has wilfully or without sufficient
cause, failed to comply with any direction issued by the Central Government under section 20, the Central
Government may, by notification in the Official Gazette, supersede the Authority for such period as may
be specified in the notification:
Provided that before issuing a notification under this sub-section, the Central Government shall give reasonable time to the Authority to show cause why it should not be superseded and shall consider the explanation and objections, if any, of the Authority.
(2) Upon the publication of a notification under sub-section (1) superseding the Authority,--
(a) all the members of the Authority 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 Authority shall, during the period of supersession, be exercised and performed by such person or persons as the Central Government may direct;
(c) all property vested in the Authority shall, during the period of supersession, vest in the Central Government.
(3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the Central Government may--
(a) extend the period of supersession for such further period as it may consider necessary; or
(b) reconstitute the Authority in the manner provided in section 4.
Provided that before issuing a notification under this sub-section, the Central Government shall give reasonable time to the Authority to show cause why it should not be superseded and shall consider the explanation and objections, if any, of the Authority.
(2) Upon the publication of a notification under sub-section (1) superseding the Authority,--
(a) all the members of the Authority 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 Authority shall, during the period of supersession, be exercised and performed by such person or persons as the Central Government may direct;
(c) all property vested in the Authority shall, during the period of supersession, vest in the Central Government.
(3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the Central Government may--
(a) extend the period of supersession for such further period as it may consider necessary; or
(b) reconstitute the Authority in the manner provided in section 4.
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