Section 7D of The Cinematograph Act, 1952
1[7D. Vacancies, etc., not to invalidate proceeding.-- No act or proceeding of 1***, the Board or of any advisory panel shall be deemed to be invalid by reason only of a vacancy in, or any defect in, the constitution of 1*** the Board or panel, as the case may be.]
Summary
- If there is an empty seat on the Board or an advisory panel, their work and decisions are still completely valid and legal.
- If there is a mistake or defect in how the Board or an advisory panel was put together, it does not ruin their previous decisions.
- This rule prevents people from using minor administrative technicalities to cancel important film certification rulings.
Practical examples
FAQ
1. Can a film's ban be overturned just because the Board was missing a member on the day they voted?
No, the law clearly states that a vacancy in the Board does not make its proceedings invalid.
2. Does this rule protect both the main Board and the smaller panels?
Yes, it applies to acts and proceedings of both the Board and any advisory panel.
3. What happens if there was a flaw in how an advisory panel was originally constituted?
The actions of the panel remain valid. A defect in the constitution of the panel does not invalidate its proceedings.
Test yourself
Q1.Under Section 7D of The Cinematograph Act, 1952, which of the following situations will NOT cause an act or proceeding of the Board to be deemed invalid?
Q2.Under Section 7D of The Cinematograph Act, 1952, to which two entities does this protection against invalidation specifically apply?
Q3.Under Section 7D of The Cinematograph Act, 1952, besides a vacancy, what other specific issue is mentioned that will not invalidate a proceeding?
Q4.Under Section 7D of The Cinematograph Act, 1952, if an advisory panel reviews a film (as required by Section 5) while short one member, what is the legal status of their subsequent recommendation to the Board?