Section 51 of The National Commission for Indian System of Medicine Act, 2020
- (1)If, at any time, the Central Government is of opinion that--
- (a)the Commission is unable to discharge the functions and duties imposed on it by or under the provisions of this Act; or
- (b)the Commission has persistently made default in complying with any direction issued by the Central Government under this Act or in the discharge of the functions and duties imposed on it by or under the provisions of this Act, the Central Government may, by notification, supersede the Commission for such period, not exceeding six months, as may be specified in the notification: Provided that before issuing a notification under this sub-section, the Central Government shall give a reasonable opportunity to the Commission to show cause as to why it should not be superseded and shall consider the explanations and objections, if any, of the Commission.
- (2)Upon the publication of a notification under sub-section (1) superseding the Commission,--
- (a)all the 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 Commission, shall until the Commission is re-constituted under sub-section (3), be exercised and discharged by such person or persons as the Central Government may direct;
- (c)all property owned or controlled by the Commission shall, until the Commission is re-constituted under sub-section (3), vest in the Central Government.
- (3)On the expiration of the period of supersession specified by 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)re-constitute the Commission by fresh appointment and in such case the Members who vacated their offices under clause (a) of sub-section (2) shall not be deemed disqualified for appointment: 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) 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 both Houses of Parliament at the earliest opportunity.
Summary
- The Central Government has the power to take over the Commission if it fails to do its duty or follow orders.
- This takeover, called supersession, can last for a maximum of six months at a time.
- Before taking over, the Government must give the Commission a chance to explain why it should not happen.
- During a takeover, all Commission members must leave their positions, and the Government manages the property.
- The Government can extend the takeover for another six months or choose to restart the Commission with new members.
- A full report of the takeover must be presented to both Houses of Parliament.
Practical examples
FAQ
1. What are the reasons for the Government to supersede the Commission?
It can happen if the Commission is unable to do its duties or if it persistently fails to follow directions issued by the Central Government.
2. Does the Commission get to defend itself before a takeover?
Yes, the Central Government must provide a reasonable opportunity for the Commission to show cause and must consider their objections.
3. What happens to the Commission's property during a takeover?
All property owned or controlled by the Commission vests in the Central Government until the Commission is re-constituted.
4. Can the original members be appointed again after the takeover ends?
Yes, members who vacated their offices are not deemed disqualified for fresh appointment when the Commission is re-constituted.
Test yourself
Q1.Under Section 51 of The National Commission for Indian System of Medicine Act, 2020, what is the maximum time limit for the initial period of supersession?
Q2.What is the mandatory step the Central Government must take before issuing a notification of supersession under Section 51 of The National Commission for Indian System of Medicine Act, 2020?
Q3.Upon supersession under Section 51 of The National Commission for Indian System of Medicine Act, 2020, what happens to the powers and duties of the Commission?
Q4.According to Section 51 of The National Commission for Indian System of Medicine Act, 2020, where must the Government lay the report of its action?