Section 8 of The Jallianwala Bagh National Memorial Act, 1951
No act of the Trustees shall be deemed to be invalid merely by reason any vacancy in, or any defect in the constitution of, the body of Trustees.
Summary
- The official decisions and actions taken by the Trustees cannot be declared invalid, or legally void, just because there is an unfilled position among them.
- The validity of their actions cannot be questioned because of any mistake or defect in how the group of Trustees was set up or structured.
- This rule ensures that the daily operations and legal steps of the Trust remain solid and legally binding even during transitions or administrative errors.
Practical examples
FAQ
1. What happens to decisions made by the Trustees if one of the seats is currently empty?
Their decisions remain fully valid. The empty seat, or vacancy, does not make their actions invalid.
2. If there is an error in how the board of Trustees was put together, does that cancel their past contracts?
No. Any defect in the setup or constitution of the body of Trustees cannot be used to question or cancel their official acts.
3. Why does this rule exist?
It ensures that the operations of the Memorial do not grind to a halt or face legal challenges just because of paperwork mistakes or delayed appointments.
Test yourself
Q1.Under Section 8, what is the effect of an empty seat, or vacancy, on the acts of the Trustees?
Q2.What does "defect in the constitution of the body of Trustees" mean?
Q3.Who is protected by Section 8?
Q4.Can a third party challenge a contract signed by the Trustees by pointing out that the board had an unfilled seat?
Q5.If there is both a vacancy and a defect in the board's setup, are their actions still considered valid?