Section 44 of The Indian Institutes of Information Technology Act, 2014
No act of the Council, or any Institute, Board or Senate or any other body set-up under this Act or the Statutes, shall be invalid merely by reason of—
- (a)any vacancy in or defect in the constitution thereof;
- (b)any irregularity in its procedure not affecting the merits of the case;
- (c)any defect in the selection, nomination or appointment of a person acting as a member thereof.
Summary
- Decisions and actions taken by the Council, Institute, Board, Senate, or other official bodies remain legally valid even if there is an empty seat or vacancy in that body.
- If there is a defect in how the body was put together, its past actions are not automatically cancelled.
- Minor irregularities in the meeting procedures do not ruin a decision, as long as the mistake does not affect the actual merits or fairness of the case.
- If it is later discovered that a member was wrongly selected, nominated, or appointed, the decisions they helped make while serving are still protected and valid.
Practical examples
FAQ
1. If an Institute board makes a major financial decision while missing three members, is the decision void?
No, the decision is not invalidated merely because of a vacancy in the board.
2. What happens if a person was improperly nominated to the Senate but has been voting for six months?
The acts and proceedings of the Senate during those six months remain valid despite the defect in that person's nomination.
3. Does this mean an Institute can ignore all rules and procedures without consequence?
No, the provision only protects procedural irregularities that do not affect the merits of the case. Serious violations that impact fairness are not protected.
Test yourself
Q1.Under Section 44 of The Indian Institutes of Information Technology Act, 2014, what is the effect of an empty seat on the Board of Governors when a decision is made?
Q2.Under Section 44 of The Indian Institutes of Information Technology Act, 2014, when does an irregularity in procedure actually invalidate a proceeding?
Q3.Under Section 44 of The Indian Institutes of Information Technology Act, 2014, which of the following scenarios is protected from being declared invalid?
Q4.Under Section 44 of The Indian Institutes of Information Technology Act, 2014, which bodies are specifically mentioned as being protected by this rule regarding vacancies and defects?