Vidhi Codex

section 16

Action not invalidated merely on the ground of defect in constitution vacancy, etc

The India International University of Legal Education and Research of the Bar Council of India Trust at Andhra Pradesh Act, 2025
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Statutory text
  1. (1) Validity of Acts and Proceedings Despite Defects: Notwithstanding that the General Council, Executive Council, Academic Council, or any other Authority or Body of the University is not duly constituted, or that there is a defect in its constitution or reconstitution at any given time, and notwithstanding that there may be a vacancy in the membership of any such Authority or Body, no act, rule, decision, or proceedings of such authority or body shall be invalidated on these grounds. In cases where the Chairman, in consultation with the Board of Trustees/Managing Trustees, identifies the need for urgent decisions or actions to maintain the continuity of the University’s operations, such decisions or actions shall not be deemed invalid, even if there are defects in the constitution or vacancies. The Chairman, in consultation with the Board of Trustees/Managing Trustees, shall have the authority to take necessary steps to ensure the smooth functioning of the University, in line with the objectives of the Bar Council of India Trust PEARL-FIRST.
  2. (2) Validity of Resolutions Despite Irregularities in Notice: No resolution passed by any authority or body of the University shall be deemed invalid due to any irregularity in the service of notice upon any member, provided that the proceedings were not prejudicially affected by such irregularity. The Chairman, in consultation with the Board of Trustees/Managing Trustees, shall have the authority to address and rectify any irregularities that arise in procedural matters, ensuring that such irregularities do not invalidate any decisions or actions taken by the University’s authorities. In urgent or emergency situations, the Chairman, in consultation with the Board of Trustees/Managing Trustees, may bypass standard notice procedures to ensure swift decision-making.

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