Section 16: Supersession of Executive Committee, office-bearers and appointment of

16. Supersession of Executive Committee, office-bearers and appointment of Administrator.⸻ (1) Where the 1[secretary of the division to which business of this Act stands allocated] is in receipt of the findings of an investigation by the Regulator, that the affairs of a registered trade organisation are not being properly managed and that the interests of trade, industry or service so require, it may, by order in writing, suspend or supersede the Executive Committee of such trade organisation for such period, not exceeding six months. as may be specified in the order: Provided that no such order shall be made unless the Executive Committee, intended to be suspended or superseded, has been given a notice in writing of and afforded an opportunity to make a representation against, the intended supersession. (2) Where⸻ (a) an Executive Committee is superseded under sub­section (1); (b) in the opinion of the 1[secretary of the division to which business of this Act stands allocated], it is not possible for any reason to reconstitute the Executive Committee at the due time of such reconstitution; or (c) the Executive Committee is debarred by an order of any court, from discharging its functions, the 1[secretary of the division to which business of this Act stands allocated] may appoint, for such period, not exceeding six months, an Administrator to take over functions of such Committee and to manage and conduct affairs of the trade organisation: Provided that when the period of supersession is terminated or the Executive Committee is reconstituted or the order of the court is vacated before expiry of the period for which the Administrator shall have been appointed, the 1[secretary of the division to which business of this Act stands allocated] may direct the Administrator to relinquish the functions taken over by him in favour of the Executive Committee. (3) Upon appointment of an Administrator under clause (a) or clause (b) of sub­section (2), the members of the Executive Committee shall be deemed to have vacated their respective offices.

Effective date: 2013-01-01

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