Section 22 of The Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry, Act, 2008
Acts and proceedings not to be invalidated by vacancies, etc.
No act done or proceeding taken by the Institute, Governing Body or any standing or ad hoc committee under this Act shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Institute, Governing Body or such standing or ad hoc committee.
Summary
- If a seat is empty on the Institute, the Governing Body, or any of its committees, this does not make their actions illegal or invalid.
- If there is a mistake or defect in how the Institute, Governing Body, or a committee was put together, their previous actions still count.
- Nobody can challenge an act or a proceeding just because of these vacancies or constitutional defects.
Practical examples
FAQ
1. Can a decision by the Governing Body be cancelled just because one member resigned and the seat is empty?
No, actions cannot be questioned merely because there is a vacancy.
2. What happens if a committee makes a choice, but it turns out the committee was not formed perfectly?
The action or proceeding taken by the committee remains valid despite the defect in its constitution.
3. Does this rule cover temporary committees too?
Yes, it explicitly covers both standing and ad hoc committees.
Test yourself
Q1.Under Section 22 of The Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry, Act, 2008, which of the following is NOT listed as a body protected from having its acts invalidated by vacancies?
Q2.Under Section 22 of The Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry, Act, 2008, what specific flaw cannot be used as a ground to question a proceeding taken by an ad hoc committee?
Q3.Under Section 22 of The Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry, Act, 2008, if the Institute passes a resolution while missing three of its members, what is the legal status of that resolution?
Q4.Under Section 22 of The Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry, Act, 2008, what is the underlying purpose of this provision?