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CS Executive · Setting Up of Business, Industrial and Labour Laws · The Code on Social Security, 2020

A challenge is filed against an order of a Social Security Organisation, arguing that two seats on its Committee were vacant when the order was passed. Under the Code on Social Security, 2020, what is the position?

The order stands. Section 9(3) says no act or proceeding of a Social Security Organisation or its Committee can be questioned merely on the ground of a vacancy or a defect in its constitution, so the vacant seats alone do not make the order invalid.

  1. AThe order is void because the Committee was not fully constituted
  2. BThe order is valid only if the vacancies are filled within thirty days
  3. CThe order stands, as no act can be questioned merely on the ground of a vacancy or a defect in constitutionCorrect
  4. DThe order is valid only if the quorum was exactly the full strength

Explanation

Section 9(3) provides that no act done or proceeding taken by a Social Security Organisation or its Committee shall be questioned merely because of a vacancy or a defect in its constitution. So vacancies alone do not invalidate the order, and no thirty-day condition exists in the text.

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