(1) If, on consideration of the report under section 26 or otherwise, the State Government is of opinion- -(a) that a Board is unable to disrhArge its duties, or
(b) that a Board has persistently made default in the discharge of its duties or has exceeded or abused its powers, the State Government may by notification supersede the Board for such period not exceeding twelve months as may be specified in the notification:
Provided that before issuing a notification under this sub-section on any of the grounds mentioned in clause (b), the State Government shall give a reasonable opPortunity to the Board to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the Board.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 such publication, vacate their offices as such members;
(b) all the powers and duties which may be exercised or discharged by the Board shall, during the period of supersession, be exercised or discharged by the State Government or by such person as may be specified in the notification;
(c) all funds and other property vested in the Board shall, during the period of supersession, vest in the State Government.
498 The West Bengal Mazdoor, Tindal, Loader, Godownman and Other Workers (Regulation of Employment and Welfare) Act, 1981.
LI of 1981.]
(Sections 28-32.)
(3) On the expiration of the period of supersession specified in the notification under sub-section ( I), the State Government may—
(a) extend the period of supersession for such further period not exceeding six months as it may consider necessary so however that the aggregate period of supersession shall not exceed eighteen months; or
(b) re-establish the Board in the manner provided in section 6.
28. Any contract or agreement, whether made before or after the Contracting commencement of this Act, whereby a registered unprotected worker out.
relinquishes or reduces any right conferred on him, by, or any privilege or concession accruing to him under, this Act or any scheme shall be void and of no effect in so far as it purports to deprive him of such right or privilege or concession.
29. The State Government. after giving by notification not less than two months' notice of its intention so to do, may, by like notification, modify any employment specified in the Schedule or add to the Schedule any employment in respect of which it is of opinion that the provisions of this Act should apply, and thereupon the Schedule shall be deemed to be amended accordingly and the provisions of this Act shall apply to such employment as modified or added.
30. Save as otherwise expressly provided in this Act, any person, who contravenes any of the provisions of this Act or the rules made thereunder, shall, on conviction, be punishable with fine which may extend to one thousand rupees, and in the case of a continuing contravention, with a further fine which may extend to two hundred rupees per day during which such contravention continues after the first conviction.
31. No suit, prosecution or other legal proceeding shall lie against the State Government or a Board or the Chairman or any other member of a Board or of the Advisory Committee, or an Inspector or any other person, or any officer of a Board, for anything which is in good faith done or intended to be done under this Act or the rules made thereunder or under any scheme.
Power to amend Schedule.
General penalty for offences.
Protection of action taken in good faith.