| 82.  Power of appropriate Government to supersede Authority. (1)  If, at any time, the appropriate Government is of the opinion,— (a)  that, on account of circumstances beyond the control of the Authority, it is unable  to discharge the functions or perform the duties imposed on it by or under the provisions  of this Act; or (b)  that the Authority has persistently defaulted in complying with any direction given  by the appropriate Government under this Act or in the discharge of the  functions or performance of the duties imposed on it by or  under the provisions of this Act and as a result of such  default the financial position of the Authority or the administration of  the Authority has suffered; or (c)  that circumstances exist which render it necessary in the public interest so to do, the  appropriate Government may, by notification, supersede the Authority for such  period, not exceeding six months, as may be specified in the  notification and appoint a person or persons as the President  or the Governor, as the case may be, may direct to exercise powers and  discharge functions under this Act: Provided  that before issuing any such notification, the appropriate Government shall give  a reasonable opportunity to the Authority to make representations against the  proposed supersession and shall consider the representations,  if any, of the Authority. (2)  Upon the publication of a notification under sub-section (1) superseding the Authority,— (a)  the Chairperson and other 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 Authority shall,  until the Authority is reconstitued under sub-section (3), be  exercised and discharged by the person or persons referred to  in sub-section (1); and (c)  all properties owned or controlled by the Authority shall, until the Authority is  reconstituted under sub-section (3), vest in the appropriate Government. (3)  On or before the expiration of the period of supersession specified in the  notification issued under sub-section (1), the appropriate  Government shall reconstitute the Authority by a fresh  appointment of its Chairperson and other members and in such case any person who  had vacated his office under clause (a) of sub-section (2) shall not be deemed  to be disqualified for re-appointment. (4)  The appropriate Government shall cause a copy of the notification issued under sub-section  (1) and a full report of any action taken under this section and the  circumstances leading to such action to be laid before each  House of Parliament or, as the case may be, before the State  Legislature, or the Union Territory Legislature, as the case may be, where it consists  of two Houses, or where such legislature consists of one House, before that  House. |