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CMA Intermediate · Business Laws and Ethics · Factories Act, 1948

An Inspector was appointed under the Factories Act, 1948 before the Occupational Safety, Health and Working Conditions Code, 2020 came into force. What is the position of that appointment after the repeal under the Code?

The appointment is deemed to have been made under the Code for such purposes. Section 143(2) saves officers appointed under the repealed enactments, including the Factories Act, 1948, so no fresh appointment or approval by the National Board is needed.

  1. AIt lapses and a fresh appointment is needed under the Code
  2. BIt is deemed to have been made under the Code for such purposesCorrect
  3. CIt continues only if the National Board approves it
  4. DIt continues only for the term fixed by the State Government

Explanation

Section 143(2) provides that every Inspector and other officer appointed under a repealed enactment is deemed to have been appointed under the Code for such purposes. No fresh appointment or Board approval is required.

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