Section 5. Power of the Central Government in default of nominations

5. Power of the Central Government in default of nominations.— (1) If any Government other than the Central Government fails to make any nomination which it is entitled to make under sub-section (3) of section 4 within the time prescribed in that behalf, the Central Government may make the nomination itself. (2) Where a member of the Board dies, resigns, is removed, ceases to reside in India, or becomes incapable of acting, the authority or body entitled to nominate the member under sub-section (3) of section 4 may nominate a person to fill the vacancy; and where such nomination is not made within the time prescribed in that behalf, the Central Government on its own initiative, may make the nomination itself. (3) No act done by the Board shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Board. 5. The word "raw" omitted by Act 31 of 1953, s. 6(w.e.f. 25-3-1954). 6. Subs. by Act 21 of 1970, s. 3, for "reeling of silkworm cocoons". 7. Clause (c) omitted by s. 3, ibid . 1[(f) carrying out any other duties which may be vested in the Board under rules made under this Act.] (3) It shall also be the duty of the Board — 2 [(a) to advise the Central Government on all matters relating to production, supply, distribution, trade and commerce in silk-worm seed, the development of the silk industry and its products including export and import;] 3* (c) to prepare and furnish such[4] * reports relating to the[5] * silk industry as may be required by the Central Government from time to time. 6 [8A. Constitution of Central Silk-worm Seed Committee.— (1) The Central Government may, by notification in the Official Gazette, constitute for the purposes of this Act, a Committee to be called the — Central Silk-worm Seed Committee consisting of (a) the Vice-Chairperson of the Board who shall be the Chairperson of the Committee, ex officio ; (b) (i) seven officials not below the rank of Deputy Secretary to the Government of India dealing with sericulture from the States-members; (ii) two experts from the field of silk-worm seed development-members; (iii) five persons to represent the sericulture sector of whom three shall be the farmers and two the reelers - members; to be nominated by the Central Government from amongst the members of the Board; (c) the Director of the National Silk-worm Seed Organisation to be nominated by the Central Government-member; and (d) Secretary of the Board who shall be the Secretary of the Committee, ex officio . (2) The Committee may associate with it, for such purposes and in such manner as it may deem fit, any person whose assistance or advice it may consider necessary in complying with the provisions of this Act, and a person so associated, shall have the right to take part in the proceedings of the Committee relevant to the purposes for which he has been associated, but shall not have the right to vote and shall be entitled to receive such allowances or fees as may be prescribed by the Central Government. (3) A member nominated under sub-section (1) shall, unless his seat becomes vacant earlier by resignation, death or otherwise, hold office for a period of three years from the date of his nomination and shall be eligible for re-nomination: Provided that a person nominated under sub-section (1) shall hold office only for so long as he holds the appointment by virtue of which his nomination was made. - (4) No act or proceeding of the Committee shall become invalid merely by reason of — (i) any vacancy therein, or any defect in the constitution thereof; or (ii) any matter relating to the procedure of the Committee not affecting the merits of a case. (5) The Central Government shall provide to the Committee such other technical and other officers and employees as may be necessary for the efficient performance of the functions under this Act. 1. Ins. by Act 31 of 1953, s. 6 (w.e.f. 25-3-1954). 2. Subs by Act 42 of 2006, s. 8, for clause (a) (w.e.f. 1-7-2007). 3. Clause (b) omitted by Act 21 of 1970, s. 3.