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Section 12

The Asom Rastrabhasa Prachar Samiti (Taking Over of Management and Control) ' Act. 1984State Act of Assam · Act 23 of 1984

(1) If the Government is of the opinicm that the Board is unable to perform, or tias persistently ,made default J n the performance of the duties imposed on it by or under this Act or has exceeded or abused its powers, the Government may, by notification, 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 super- · se.ded and shall consider .the explanation and objections, if anv of the Boarq.

·, .. .

THE ASS,AM GAZETTE, EXTRAORDINARY, DEC." 15, 1984 1727

(2) Upon the publication of the Notification under sub-section (1) superseding- the Board:- . (a) all the members of the Board shall, as from the date of ,supersession vacate their offices as sµch members; ·

(b) all the duties and powers of the Board under this Act shall. during the period of supersession, be· performed and exercised by such person as the Government may direct ; and

(c) all property vested in the Board shall, during the · period of supersession, vest in the Government.

(3) The Government may,-

(a) extend the period\ of suoersession for such further term as it may consider necessary; or

(b) reconstitute the Board at any time in lthe manner ~ provided in · Section 3 of this Act.

Condition of 13. (1) A member of the Board may resign his offfice membership by gi.ving notice in writing to the Government and· shall, ef the Board. on such resignation being accepted by the Governme~t be deemed to have vacated his office.

(2) The teri:n of office of each member of the Board shall be such as may be specified in the Notification cons­ tituting the Board. not being ~ore than three years :

Provided that the Government may change the com­ oosition of the Board at any time before the expiry of the term of the office cif the members.

(3) A casual vacancy in the office of a member of the Board shall be filled by fresh nomination by the Government and the new member so nominated to fill the vacancy shall hold office only for the remainder of the term for which the member · whose place is filled was nominated.

Validity of 14. No act of the Board sl'>all be deemed to be invalid act~ of the merely by reason of any vac ,.1cy in or any defect in the Board n?t to constitution of the Board.

be questioned by rc11.1on of · vacancy.

Protection of 15. (1) No suit, prosecution or other le-gal proceeding action tabn shall lie aga\nst any member of the Board in respect of under tlJe anything which is in good· faith done or intended to be Act. done in pursuance . of this Act.

\ 1728 THE ASSAM GAZET'l'.E. ~XTRAORDINARY, DEC. 15, 1984

(2) No suit or other legal proceeding shall be against the Government, the Board or any member thereof for any damage caused or likely to be caused by anything ' which is in good faith done or intended to be done in pursuance of this Act. · Power to 16. The Board may with prior approval of the make Rule•. Government make rules for implementation of the provi­ sions of this Act.

P ower ofthe 17. The Board may, with prior approval of the Boa:d R 10 Government make Regulations not inconsistent with the ~ti~~s. egu- provision of this Act for all or any of the following purposes namely:-

(a) The manner in which meetings-of the Board shall be convened, quorum :for the transaction of busi­ ness there at and procedure at such meetings ;

(b) The appointments of such officers and servants as may be necessary for the purpose of perfor­ ming the duties and exercising the powers of the Board and their terms and conditions of service.

Overriding 18. (1) The provisions of this Act and the ruleS" etfrct of th,, framed thereunder shall have effect notwithstanding any­ Act. thing- contai.ned in the Societies Regfatrartion Act, 1860 or in the Bidhan of the SaIT1iti.

Repeal.

Repeal a nd Sa"'.tngs.

(2) Durin:;i; the period this Act is in force no mem­ ber of the Board shall exercise any rig-ht under Section 13 of the Societies Registr~tion Act, 1860.

19. The Bidhan of Asam Rastrabhasa Prachar Samiti is hereby repealed.

20. tl) The Asam Rastrabhasa Prachar Samiti ing over of Management and Control) Ordinance, (Assam Ordinance No.IV of 1984) is hereby repealed.

(Tak- 1984

(2) Notwithstanding such repeal anything done or any action taken under the Ordinance so repealed shall be deemed to have been done or taken under the corres­ ponding provisions of this Act.

MD. SAADULLAH, Secretary to the Govt. of Assam, L~gislative Department:

- - · - - - -- -- -- - --- - -- -- - -· GUAWHATI -Printed l nd p!!blished by the Supdt. i/c-. A0 snm Govt. Printing Press (Ex-Gazette) No. 'l43- l ,G80-300-!5-J2-1984 .

. ' I

Where this provision sits

ActThe Asom Rastrabhasa Prachar Samiti (Taking Over of Management and Control) ' Act. 1984
Section12
JurisdictionState of Assam
StatusIn force as published by the source

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