Section 31 of The Indian Institute of Management Act, 2017 in hindi
No act of any Institute or the Board or the Academic Council or any other body set-up under this Act or the regulations, shall be invalid merely by reason of—
- (a)any vacancy or defect in the constitution thereof; or
- (b)any irregularity in its procedure not affecting the merits of the case; or
- (c)any defect in the selection, nomination or appointment of a person acting as a member thereof.
Summary
- Decisions and actions taken by an Institute, Board, or Academic Council are not invalid just because a seat is vacant.
- If there is a mistake or defect in how a Board or Council was originally set up, their past work remains legally valid.
- If a member was selected, nominated, or appointed incorrectly, the proceedings they participated in are still valid.
- Small mistakes in procedure do not cancel an action as long as the mistake did not change the actual merits of the case.
Practical examples
FAQ
1. What happens if an appointment is found to be illegal later?
The acts done by that person while acting as a member remain valid despite the defect in their appointment.
2. Does this cover every single procedural mistake?
No, it only covers irregularities that do not affect the "merits of the case," meaning the core fairness or facts of the decision.
Test yourself
Q1.Under Section 31 of The Indian Institute of Management Act, 2017, which situation would NOT invalidate an act of the Board?
Q2.Under Section 31 of The Indian Institute of Management Act, 2017, a procedural irregularity only voids an action if it:
Q3.Under Section 31 of The Indian Institute of Management Act, 2017, what is the legal status of a decision made by an Academic Council if a member was later found to be nominated incorrectly?
Q4.Section 31 of The Indian Institute of Management Act, 2017, applies to which of the following bodies?