Section 6C of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948
1[6C. Acts or proceeding of Board and Advisory Committee not to be invalidated.--No act or proceeding of a Board or the Advisory Committee shall be invalid merely by reason of--
- (a)any vacancy in, or any defect in the constitution of, the Board or the Advisory Committee, or
- (b)any defect in the appointment of a person acting as a member of the Board or the Advisory Committee, or
- (c)any irregularity in the procedure of the Board or the Advisory Committee not affecting the merits of the case.]
Summary
- Decisions made by a Board or an Advisory Committee are not cancelled just because a seat was empty.
- A mistake in how the Board or Committee was set up does not make their actions invalid.
- If a person was appointed incorrectly but acted as a member, their actions still count.
- Small mistakes in how meetings were run do not cancel decisions unless they changed the actual outcome.
Practical examples
FAQ
1. Does a vacancy on the Board mean they cannot pass any rules?
No, Section 6C ensures that acts are not invalid just because there is a vacancy.
2. What if the Government made a mistake in appointing a member?
The acts of the Board remain valid even if there was a defect in that person's appointment.
3. Can a procedural error cancel a Board decision?
Only if the error actually affected the merits of the case. If it was just a minor irregularity, the decision stands.
4. Does this rule apply to both the Board and the Advisory Committee?
Yes, Section 6C protects the proceedings of both groups.
Test yourself
Q1.Under Section 6C of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948, a Board decision is still valid even if there is a:
Q2.Under Section 6C of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948, when does a procedural irregularity make an act invalid?
Q3.Under Section 6C of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948, what happens if a person acting as a member had a defect in their appointment?
Q4.Under Section 6C of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948, who is protected besides the Dock Labour Board?
Q5.Under Section 6C of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948, if the Board's actual setup (constitution) is found to be defective, what happens to their past proceedings?