ESTABLISHMENT OF THE CORPORATIONCentral

Section 8 of The Faridabad Development Corporation Act, 1956

No act or proceeding of the Corporation shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereof.

Summary

Decisions and actions taken by the Corporation remain legally valid even if there is an empty seat among its members.
If there is any flaw or defect in how the Corporation was formed or set up, its proceedings are still protected.
This rule ensures that the day-to-day operations of the Corporation are not disrupted by administrative errors or empty positions.
A challenger cannot invalidate a decision solely by pointing out that a member had resigned or was missing from the group when the decision was made.

Practical examples

1On April 5, 2026, the Corporation signs a contract to build a trade facility. At that time, one of the five required member seats is vacant because a member resigned a week prior and a successor has not yet been appointed. Under Section 8, the contract remains fully valid and legally binding despite this vacancy.

2On June 12, 2026, the Corporation passes a resolution to approve a local business development plan. It is later discovered that there was a technical defect in the official gazette notification that appointed one of the members. Under Section 8, the passed resolution and meeting proceedings are completely valid.

FAQ

1. What happens to decisions made by the Corporation if a member's seat is vacant?

The decisions and actions remain completely valid, and they cannot be legally challenged or cancelled just because of a vacancy.

2. Why is Section 8 included in the Act?

It is a protective rule designed to prevent the Corporation's operations from being stalled or invalidated due to temporary administrative errors or vacant seats.

Test yourself

Q1.Under Section 8 of The Faridabad Development Corporation Act, 1956, what is the legal effect if the Corporation takes an action while one of its member positions is vacant?

Q2.Under Section 8 of The Faridabad Development Corporation Act, 1956, what is the consequence of finding a technical defect in the constitution or formation of the Corporation after a meeting has occurred?

Q3.Under Section 8 of The Faridabad Development Corporation Act, 1956, if a business attempts to back out of a contract with the Corporation by arguing that the Corporation had only five members instead of the maximum of eight, how will a court rule?

Q4.Under Section 8 of The Faridabad Development Corporation Act, 1956, which of the following scenarios is protected from being invalidated?

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