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CS Professional · Labour Laws and Practice · Industrial and Labour Laws Audit

A Social Security Organisation's order was challenged because one Committee seat lay vacant when the order was passed. Under the Code on Social Security, 2020, how should this challenge be treated?

The challenge fails. The Code on Social Security, 2020 says 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 order stands on that ground alone.

  1. AThe order is void because the Committee was not fully constituted
  2. BThe order is valid only if the CAG ratifies it in the audit
  3. CThe order may be questioned only if the vacancy exceeds one year
  4. DThe order cannot be questioned merely because of a vacancy or a defect in constitution of the Organisation or CommitteeCorrect

Explanation

Section 9(3) provides that 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 constitution. The Code sets no one-year limit and gives no ratification role to the CAG.

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