Power of the Central Government to supersede the Board
Section 19 of the Spices Board Act, 1986 deals with power of the Central Government to supersede the Board. If at any time the Central Government is of opinion-- (a) that on account of grave emergency, the Board is unable to discharge the functions and duties imposed on it by or under the provisions of this Act; The Act came into force on 26 Feb 1987.
(1) If at any time the Central Government is of opinion--
(a) that on account of grave emergency, the Board is unable to discharge the functions and duties imposed on it by or under the provisions of this Act; or
(b) that the Board 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 and as a result of such default the financial position of the Board or the administration of the Board has deteriorated; or
(c) that circumstances exist which render it necessary in the public interest so to do, the Central Government may, by notification in the Official Gazette, supersede the Board for such period, not exceeding six months, as may be specified in the notification.
(2) Upon the publication of a notification under sub-section (1) superseding the Board,--
(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 Board, shall until the Board is reconstituted under sub-section (3), be exercised and discharged by such person or persons as the Central Government may direct; and
(c) all property owned or controlled by the Board shall, until the Board is reconstituted under 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 reconstitute the Board by a fresh appointment and in such case any person or persons 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, take action under 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.
Section 19, The Spices Board Act, 1986 (Act 10 of 1986).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Spices Board v. The Principal Secretary & Ors.
Court's Decision & Legal Precedent
Court noted Spices Board Act s.18 (Board bound by Central Government directions) and related control features, yet held that Central Government directional control does not equate Board-owned property with Union property under Art.285 — the Board remains a distinct statutory body corporate.
On this section: Judgment expressly sets out and applies s.19 supersession when rejecting Art.285 immunity for Spices Board properties.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 19
What have the courts held on Section 19 of the Spices Board Act?
Spices Board v. The Principal Secretary & Ors. (09 Aug 2024) is the leading judgment on this section among those set out below: Judgment expressly sets out and applies s.19 supersession when rejecting Art.285 immunity for Spices Board properties.
How do I find court cases under Section 19 of the Spices Board Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Spices Board Act 1986 19, section 19 Spices Board Act 1986, section 19 of the Spices Board Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Spices Board v. The Principal Secretary & Ors. (09 Aug 2024).
When did Section 19 of the Spices Board Act come into force?
Section 19 of the Spices Board Act, cited as Spices Board Act 1986 19, came into force on 26 Feb 1987, having been enacted on 20 Mar 1986. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 20 Oct 2026. This page is not a substitute for legal advice.