(1) If, at any time, the State Governemnt is of opinion—
(a) that on account of any emergency, the Board is unable to perform the duties imposed on it by or under the provisions .
of this Act or any other law for the time being in force, or
(b) that the Board has persistently made default in the performance of its duties and, as a result of such default, the financial position of the Board or the administration of the ports has greatly deteriorated, the State Government may, by notification, supersede the Board for such period, not exceeding six months, as may be specified in the notification:
Provided that before issuing such notification, the State Government shall give a reasonable opportunity to the Board to show cause why it should not be superseded, and shall consider the explanation and objections, if any, of the Board.
(2) Upon the publication of a notification under sub-section (1),—
(a) all the members of the Board shall, 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 or any other law for the time being in force, be exercised and performed by such person or persons as the State Government may direct; and
(c) all the properties vested in the Board shall, until the Board is reconstituted, vest in the State Government.
(3) On the expiration of the period of supersession specified in the notification issued under sub-section -(1), the State Government may—
(a) extend the period of supersession for such further period, not exceeding six months, as it may consider necessary, or
(b) reconstitute the Board by fresh appointment and, in such case, any person who vacated his office under clause (a) of sub-section (2) shall not be deemed to be disqualified for appointment, or Supersession of Board.
327 The West Bengal Maritime Board Act, 2000.
[West Ben. Act (Chapter XL—Penalties.—Sections 76, 77.)
(c) reconstitute the Board by appointment only for such period as it may consider necessary and, in such case, the person who vacated his office under clause (a) of sub-section (2) shall not be deemed to be disqualified for such appointment merely because he was a member of the Board when the Board was superseded:
Provided that the State Government may, at any time before the expiration of the period of supersession, whether as initially specified under sub-section (1) or as extended under this sub-section, take action under clause (b) or clause
(c) of this sub-section.
(4) The State Government shall cause a notification issued under sub-section (I) and a full report of action, if any, taken under this section and the circumstances leading to such action to be laid before the State Legislature as soon as may be after the issue of the notification as aforesaid.
CHAPTER XI Penalties
76. Every person employed by the Board under this Act shall, for the purposes of sections 161 to 171, 184, 185, and 409 of the Indian Penal 45 of 1860.
Code and for the purposes of the Prevention of Corruption Act, 1988, 49 of 1988.
be deemed to be a public servant within the meaning of section 21 of the said Code.