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CS Professional · Labour Laws and Practice · Law of Industrial Relations

Himalaya Foods Ltd forwarded its draft standing orders to the certifying officer on 1 March. The officer passed no order by 30 April, which is beyond sixty days from receipt. What is the legal position under the Code?

The draft is deemed certified. The certifying officer must complete the certification procedure within sixty days of receiving the draft, and if this is not done, the draft standing orders are deemed certified on the expiry of that period.

  1. AThe draft standing orders are deemed certified on expiry of the sixty day periodCorrect
  2. BThe draft stands rejected and must be refiled
  3. CThe draft remains pending until the officer passes an order
  4. DThe model standing orders replace the draft permanently

Explanation

The proviso to section 30(5) requires the certifying officer to complete the procedure within sixty days of receipt, failing which the draft standing orders (or modifications) are deemed certified on expiry of that period. Rejection by silence is not provided.

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