3Constitution and incorporation of Board

(1) The Central Government shall, by notification in the Official Gazette, constitute, for the purposes of this Act, a Board to be called the Science and Engineering Research Board.

(2) The Board shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to contract and shall, by the said name, sue and be sued.

(3) The Board shall consist of the following persons, namely:--

(a) Secretary to the Government of India in the Department of Science and Technology, ex officio--Chairperson;

(b) Member-Secretary, Planning Commission, ex officio--Member;

(c) Secretary to the Government of India in the Department of Biotechnology, ex officio--Member;

(d) Secretary to the Government of India in the Department of Scientific and Industrial Research, ex officio--Member;

(e) Secretary to the Government of India in the Ministry of Earth Sciences, ex officio--Member;

(f) Secretary to the Government of India in the Department of Expenditure, Ministry of Finance or his nominee, ex officio--Member;

(g) Secretary to the Government of India in the Department of Health Research, ex officio--Member;

(h) not more than three members to be appointed by the Central Government from amongst persons having experience in scientific research in different disciplines in academic institutions;

(i) not more than three members to be appointed by the Central Government from amongst persons having experience in scientific research in different disciplines in Government research laboratories;

(j) not more than four members to be appointed by the Central Government from amongst persons having experience in scientific research in different disciplines in the industry, international projects on science and technology, socio-economic sectors and other Government research laboratories.

(4) The Head Office of the Board shall be at Delhi or in the National Capital Region.

(5) The qualifications and experience, term of office and allowances of the members specified in clauses (h) to (j) of sub-section (3) shall be such as may be prescribed.

(6) The Chairperson shall, in addition to presiding over the meetings of the Board, exercise and discharge such powers and duties, as may be prescribed or delegated to him by the Board.

(7) No act or proceeding of the Board shall be invalidated merely by reason of--

(a) any vacancy in, or any defect in the constitution of, the Board;

(b) any defect in the appointment of a person acting as a member of the Board;

(c) any irregularity in the procedure of the Board not affecting the merits of the case.