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

A Social Security Organisation under the Code had a vacancy in one committee seat, and a member later argued that a decision taken by the committee was invalid because of this vacancy. What is the position under the Code?

The decision stands. The Code 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. No ratification or vacancy threshold is needed.

  1. AThe decision is void until the vacancy is filled
  2. BThe decision stands, as no act or proceeding can be questioned merely because of a vacancy or defect in constitutionCorrect
  3. CThe decision is valid only if the Central Government ratifies it
  4. DThe decision is valid only if the vacancy was under one-third of the seats

Explanation

The Code says no act done or proceeding taken by a Social Security Organisation or its Committee shall be questioned merely on the ground of a vacancy or a defect in its constitution. Hence the decision is not invalidated, and no ratification or fractional vacancy test is required.

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