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CS Professional · Labour Laws and Practice · Social Security Legislations

A Committee of a Social Security Organisation passed a resolution. Later, a party challenged it, arguing only that one seat on the Committee had been vacant when it was passed. Under the Code, what is the position?

The resolution stands. Section 9(3) provides that no act or proceeding of a Social Security Organisation or its Committee can be questioned merely because of a vacancy or a defect in its constitution, so the challenge on that ground alone fails.

  1. AThe resolution is void because a vacancy invalidates every decision
  2. BThe resolution is valid only if ratified by the Central Government
  3. CThe resolution cannot be questioned merely because of a vacancy or a defect in constitutionCorrect
  4. DThe resolution is valid only if the vacancy lasted under three months

Explanation

Section 9(3) says no act done or proceeding taken by the organisation or a Committee can be questioned merely on the ground of a vacancy or a defect in its constitution. The challenge based only on the vacancy therefore fails. No ratification or time limit is stated.

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