Report to Parliament in certain matters and recommendations as to action against the Board.
"25. (1) Where the Board persistently makes default in complying with any directions issued under section 23 or fails to supply the information required under section 24, the Central Government shall give a reasonable opportunity to the Board to show cause as to why it should not be superseded and shall consider the objections, if any, of the Board.
(2) The Central Government after considering the objections if any of the Board, may propose to supersede the Board and if it so proposes, shall prepare a report and lay it before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions.
{3) If, before the expiry of the session immediately following the session or the successive session referred in subsection (2), both Houses agree to supersede the Board the President may by notification supersede the Board for such period not exceeding six months, as may be specified in the notification.
(4) Upon the publication of the notification under sub-section (3),—
(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 Board, shall until the Board is reconstituted under this Act, be exercised and discharged by such person or persons as the President may direct.
(5) On the expiration of the period of supersession specified in the notification issued under sub-section (3), the President may reconstitute the Board by fresh appointments, and in such a case any person who had vacated his office under clause (a) of sub-section (4) shall not be disqualified for appointment:
7 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Provided that the President may, at any time before the expiration of the period of supersession, take action under this sub-section.
(o) The Central Government shall cause the notification issued under subsection (5) and a full report of the action taken under this section to be laid before each House of Parliament.".
14. Section 26 of the principal Act shall be omitted.
15. For sections 27 and 28 of the principal Act, the following sections shall be substituted namely:— Omission of section 26.
Substitution of new sections for sections 27 and 28.
45 of 1860.
"27. The Chairman and every other Member, every officer or other employee of the Corporation and every member of a committee thereof, and every member of a Recruitment Board shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860.
Chairman, Members, etc., to be public servants.
28. No suit or other legal proceeding shall lie against the corporation, the Chairperson or any member or officer or other employee thereof or a member of a Recruitment Board for anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or regulations made thereunder.".
Protection of action taken in good faith.
16. For section 31 of the principal Act, the following section shall be substituted, namely:— Substitution of new section for section 31.
"31. The Corporation shall prepare once in every year, in such form and within such time as may be prescribed, an annual report giving a full account of its activities during the previous year and copies thereof shall be forwarded to the Central Government and mat Government shall cause the same to be laid before each House of Parliament.".
Annual report.
17. In section 32 of the principal Act, to sub-section (2),— (0 in clause (a) for the words, brackets and figures "Whole-time Members under sub-section (7) of section 6", the words, brackets and figures "Executive Member under sub-section (5) of section 6" shall be substituted;
(ii) for clause (b), the following clauses shall be substituted, namely:— "(b) the allowances payable to and facilities admissible to the chairman under sub-section (6) of section 6;
(ba) the allowances payable to the Part-time Members under sub-section (7) of section 6;";
(Ht) for clause (/), the following clause shall be substituted, namely:— "(/) the procedure for absorption of officers under sub-section (2) of .section Amendment of section
32.
SBCI] THEGAZETreOFINDIAEXTRAORDINARY 8
(tv) clauses (g) and (h) shall be omitted;
(v) clause; (0, (j), (*) and (0 shall be re-lettered as clauses (g), (/»), (i) and (/);
(vx) for the clause (0 so rclcttered, the following clause shall be substituted, namely:— "(/) the form In which, and the time within which, the Corporation shall prepare their annual report under section 31.".
Amendment of section
33.
18. In section 33 of the principal Act, in sub-section (2), clause (A) shall be omitted and clause (i) shall be relettered as clause (h).
K.R. NARAYANAN, President.
T.K. VISWANATHAN, Joint Secretary to the Govt. of India.