Section 5:
Terms and conditions of service of members.
(1) Save as otherwise provided by or under this
Act, a member of a Board, other than a member-secretary, shall hold office for a term of three years from
the date of his nomination:
Provided that a member shall, notwithstanding the expiration of his term, continue to hold office until
his successor enters upon his office.
1
[(2) The term of office of a member of a Board nominated under clause (b) or clause (e) of
sub-section (2) of section 3 or clause (b) or clause (e) of sub-section (2) of section 4 shall come to an end
as soon as he ceases to hold the office under the Central Government or the State Government or, as the
case may be, the company or corporation owned, controlled or managed by the Central Government or
the State Government, by virtue of which he was nominated.]
(3) The Central Government or, as the case may be, the State Government may, if it thinks fit, remove
any member of a Board before the expiry of his term of office, after giving him a reasonable opportunity
of showing cause against the same.
(4) A member of a Board, other than the member-secretary, may at any time resign his office by
writing under his hand addressed--
(a) in the case of the chairman to the Central Government or, as the case may be, the
State Government; and
(b) in any other case, to the chairman of the Board,and the seat of the chairman or such other member shall thereupon become vacant.
(5) A member of a Board, other than the member-secretary, shall be deemed to have vacated his seat
if he is absent without reason, sufficient in the opinion of the Board, from three consecutive meetings of
the Board, 2
[or where he is nominated under clause (c) or clause (e) of sub-section (2) of section 3 or
under clause (c) or clause (e) of sub-section (2) of section 4, if he ceases to be a member of the State
Board or of the local authority or, as the case may be, of the company or corporation owned, controlled or
managed by the Central Government or the State Government and such vacation of seat shall, in either
case, take effect from such date as the Central Government or, as the case may be, the State Government
may, by notification in the Official Gazette, specify].
(6) A casual vacancy in a Board shall be filled by a fresh nomination and the person nominated to fill
the vacancy shall hold office only for the remainder of the term for which the member in whose place he
was nominated.
(7) A member of a Board 3
[shall be eligible for renomination].
(8) The other terms and conditions of service of a member of a Board, other than the chairman and
member-secretary, shall be such as may be prescribed.
(9) The other terms and conditions of service of the chairman shall be such as may be prescribed.
Notes:
1. Subs. by Act 44 of 1978, s. 5, for sub-section (2) (w.e.f. 12-12-1978).
2. Subs. by s. 5, ibid., for "certain words, brackets, letters and figures" (w.e.f. 12-12-1978).
3. Subs. by Act 53 of 1988, s. 5, for "shall not be eligible for renomination for more than two terms" (w.e.f. 29-9-1988).