NCISM Act 51Chapter VIII · Miscellaneous
Section 51 · Power of Central Government to supersede Commission
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(1) If, at any time, the Central
Government is of opinion that--
(a) the Commission is unable to discharge the functions and duties imposed on it by or under the provisions of this Act; or
(b) the Commission has persistently made default in complying with any direction issued by the Central Government under this Act or in the discharge of the functions and duties imposed on it by or under the provisions of this Act,
the Central Government may, by notification, supersede the Commission for such period, not exceeding six months, as may be specified in the notification:
Provided that before issuing a notification under this sub-section, the Central Government shall give a reasonable opportunity to the Commission to show cause as to why it should not be superseded and shall consider the explanations and objections, if any, of the Commission.
(2) Upon the publication of a notification under sub-section (1) superseding the Commission,--
(a) all the 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 Commission, shall until the Commission is re-constituted under sub-section (3), be exercised and discharged by such person or persons as the Central Government may direct;
(c) all property owned or controlled by the Commission shall, until the Commission is re-constituted under sub-section (3), vest in the Central Government.
(3) On the expiration of the period of supersession specified by the notification issued under sub-section (1), the Central Government may,--
(a) extend the period of supersession for such further term not exceeding six months, as it may consider necessary; or
(b) re-constitute the Commission by fresh appointment and in such case the Members who vacated their offices under clause (a) of sub-section (2) shall not be deemed disqualified for appointment:
Provided that the Central 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 Central 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 both Houses of Parliament at the earliest opportunity.
(a) the Commission is unable to discharge the functions and duties imposed on it by or under the provisions of this Act; or
(b) the Commission has persistently made default in complying with any direction issued by the Central Government under this Act or in the discharge of the functions and duties imposed on it by or under the provisions of this Act,
the Central Government may, by notification, supersede the Commission for such period, not exceeding six months, as may be specified in the notification:
Provided that before issuing a notification under this sub-section, the Central Government shall give a reasonable opportunity to the Commission to show cause as to why it should not be superseded and shall consider the explanations and objections, if any, of the Commission.
(2) Upon the publication of a notification under sub-section (1) superseding the Commission,--
(a) all the 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 Commission, shall until the Commission is re-constituted under sub-section (3), be exercised and discharged by such person or persons as the Central Government may direct;
(c) all property owned or controlled by the Commission shall, until the Commission is re-constituted under sub-section (3), vest in the Central Government.
(3) On the expiration of the period of supersession specified by the notification issued under sub-section (1), the Central Government may,--
(a) extend the period of supersession for such further term not exceeding six months, as it may consider necessary; or
(b) re-constitute the Commission by fresh appointment and in such case the Members who vacated their offices under clause (a) of sub-section (2) shall not be deemed disqualified for appointment:
Provided that the Central 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 Central 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 both Houses of Parliament at the earliest opportunity.
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