Section 27 of The National Commission for Allied and Healthcare Professions Act, 2021
No act or proceeding of the
State Council shall be invalidated merely by reason of—
- (a)any vacancy in, or any defect in the constitution of the State Council; or
- (b)any defect in the appointment of a person acting as a member of the State Council; or
- (c)any irregularity in the procedure of the State Council not affecting the merits of the case.
Summary
- The actions and decisions of the State Council cannot be cancelled or ignored just because there is an empty seat on the Council.
- Decisions are also safe if there was a flaw in how the Council was originally set up.
- If someone acting as a member was not appointed perfectly, the Council's work is still legally valid.
- Any minor mistake in the Council's procedure will not ruin a decision, as long as the mistake does not affect the actual facts and fairness of the case.
Practical examples
FAQ
1. Can a professional ignore a Council order if the Council was missing a member?
No, the law specifically protects Council proceedings from being invalidated just because there is a vacancy.
2. What happens if the Council makes a small procedural mistake during a hearing?
The decision still stands as long as the procedural irregularity does not affect the actual merits or facts of the case.
3. Why does the law include this provision?
It ensures that the Council can keep functioning and that people cannot use minor technicalities or empty seats to escape regulation.
Test yourself
Q1.Under Section 27 of The National Commission for Allied and Healthcare Professions Act, 2021, which of the following is NOT a valid reason to invalidate a proceeding of the State Council?
Q2.Under Section 27 of The National Commission for Allied and Healthcare Professions Act, 2021, what happens to a Council rule passed while three Council seats were officially vacant?
Q3.Under Section 27 of The National Commission for Allied and Healthcare Professions Act, 2021, a professional tries to overturn a disciplinary action because the member who signed the order had a technical flaw in their appointment letter. Will this overturn the action?
Q4.Under Section 27 of The National Commission for Allied and Healthcare Professions Act, 2021, what condition must be met for a procedural irregularity to be forgiven by the law?