Section 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.