CourtMesh

Section 13

The Tamil Nadu Welfare Board for the Disabled Persons Act, 2007State Act of Tamil Nadu · Act 18 of 2007

(1) If the Government on consideration of the report referred to in Supersess~on sub-section (1) of section 12 or otherwise, is of the oplnlon-- of the Board (a ) that the Board is unable to perform its fcnctions; or ( b ) that the Board has persistently made default in the discharge of its functions or has exceeded or abused its powers, the Govc~rimcnt may, by notification, supersede the Board and reconstitute it in the prcscr~bod manner, w~thin a period of twelve months from the date of supersession. The period of supersession may be extended for sufficient reasons by a like notification by not more than six months:

Provided that before issuing a nntification under this sub-section, the Government I shall give a reasonable opportunity to the Board to showcause why it should not be superseded; and shall consider the explanations and objections, if any, of the Board.

58 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY - _-----._ _ _ _ -

(2) After the sup( rsession of the Board and until it is reconstituted, the functions of the Board under this Act shall be performed by the Government, or by such officer of officers as the Governnient may, by notification, appoint for this purpose.

Protection of action taken in good faith.

Act to be in add~tion to and not In derogation of any other las# Power to make rules Power to remove diff~culties.

(3) When the Board is superseded, the following consequence shall ensue, that is to say,--

(a) all the members of the Board shall, as from the date of publication of the notification under sub-section ( I ) , vacate their office;

(b) all the functrons, which may be performed by the Board, shall during the period of supersession, be performed by the Government or by such officer or officers as may be appointed for this purpose under sub-section (2); and

(c) all funds and other property vesting In the Board shall, during the period of supersession, vest in the Government and on the reconstrtution of the Board, such funds and property shall revest In the Board.

14. No su~t, prosecution or other legal proceedings shall Ire against the Government or the Board or the Chairman, Vice-Chairman, Member-Secretary or any member of the Board or Committee or any other off~cers of the Board or for anyth~ng whrch IS In good faith done or intended to be done In pursuance of th~s Act, or any rule or order made thereunder

15. The Provisrons of this Act, or the rules made thereunder shall be in addition to, and not in derogatron of any other law for the time be~ng rn force or any rules, order or any instructions issued thereunder, enacted or issued for the bene'it of d~sabled persons.

Where this provision sits

ActThe Tamil Nadu Welfare Board for the Disabled Persons Act, 2007
Section13
JurisdictionState of Tamil Nadu
StatusIn force as published by the source

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