Section 110:
Power of Central Government to supersede Board.
(1) If, at any time, the Central
Government is of opinion--
(a) that on account of a grave emergency, any Board is unable to perform the duties imposed on it
by or under the provisions of this Act or of any other law, or
(b) that the Board has persistently made default in the performance of the duties imposed upon it
by or under the provisions of this Act or of any other law and as a result of such default, the financial
position of the Board or the administration of the port has greatly deteriorated,the Central Government, may, by notification in the Official Gazette supersede the Board for such period,
not exceeding six months at a time, as may be specified in the notification:
Provided that before issuing a notification under this sub-section for the reasons mentioned in
clause (b), the Central Government shall give a reasonable time of not less than three months 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to show cause why it should not be superseded and shall consider the explanations and objections, if any,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) superseding the Board,--
(a) all the Trustees shall, as from the date of supersession, vacate their offices as such Trustees;
(b) all the powers and duties which may, by or under the provisions of this Act or of any other
law, be exercised or performed by or on behalf of the Board, shall until the Board is reconstituted
under clause (b) or clause (c) of sub-section (3) be exercised and performed by such person or persons
as the Central Government may direct;
(c) all property vested in the Board shall, until the Board is reconstituted under clause (b) or
clause (c) of sub-section (3), vest in the Central Government.
(3) On the expiration of the period of supersession specified in the notification issued under
sub-section (1), the Central Government may--
(a) extend the period of supersession for such further term, not exceeding six months as it may
consider necessary, or
(b) reconstitute the Board by fresh appointment and fresh election, and in such case, any persons
who vacated their offices under clause (a) of sub-section (2) shall not be deemed disqualified for
appointment or election, as the case may be, or
(c) reconstitute the Board by appointment only for such period as it may consider necessary and
in such a case, the persons who vacated their offices under clause (a) of sub-section (2) shall not be
deemed disqualified for such appointment merely because they were Trustees when the Board was
superseded:
Provided that the Central Government may, at any time before the expiration of the period of
supersession, whether as originally 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 Central Government shall cause a 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 at the earliest possible opportunity.