BUREAU OF INDIAN STANDARDSCentral

Section 6 of The Bureau of Indian Standards Act, 2016.

No act or proceedings of the Governing Council, under section 3 shall be invalid merely by reason of—

(a)any vacancy in, or any defect in the constitution of the Governing Council; or
(b)any defect in the appointment of a person acting as a member of the Governing Council; or
(c)any irregularity in the procedure of the Governing Council not affecting the merits of the case.

Summary

The work of the Governing Council remains valid even if there is a vacancy in its membership.
If there was a mistake in how a member was appointed, the Council's actions are still legal.
Small procedural mistakes do not cancel the Council's decisions as long as the core of the case is not affected.
This provision ensures that the Bureau's operations don't stop due to minor paperwork or staffing issues.

Practical examples

1In June 2023, the Governing Council passed a new safety rule. Later, it was found that one member seat was empty that day. Under this law, the rule remains valid.

2A decision was made by the Council, but someone noticed a small error in the way a meeting was called. Because it didn't change the actual merits of the decision, the law protects that decision.

FAQ

1. If a member of the Governing Council resigns and the seat is empty, are the Council's decisions still valid?

Yes, a vacancy does not make the acts or proceedings invalid.

2. What if it turns out a member was not appointed correctly?

The actions of the Council are still valid despite any defect in the appointment of a person acting as a member.

3. Does every procedural mistake get ignored?

Only irregularities in procedure that do not affect the merits of the case are covered.

4. To which body does this section specifically apply?

It applies to the Governing Council established under section 3.

Test yourself

Q1.Under Section 6 of The Bureau of Indian Standards Act, 2016., an act of the Governing Council is NOT invalid just because:

Q2.According to Section 6 of The Bureau of Indian Standards Act, 2016., what happens if there is a "defect in the appointment" of a member?

Q3.Under Section 6 of The Bureau of Indian Standards Act, 2016., a procedural irregularity does not invalidate a proceeding if:

Q4.Which body established under section 3 is specifically protected by Section 6 of The Bureau of Indian Standards Act, 2016.?

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