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CS Executive · Setting Up of Business, Industrial and Labour Laws · Evaluation of Labour Legislation and need of Labour Code

Kaveri Beedi Works in Karnataka applied electronically for a common licence covering its industrial premises and contract workers under the OSH Code. The authority neither issued nor rejected the licence within the statutory period, and the licence was auto-generated. Which statement is correct?

If the authority does not act within forty-five days of receiving the application, the common licence is deemed issued and auto-generated. No further inquiry may be made, and the responsibility for the failure rests on the authority, not the applicant.

  1. AThe licence is deemed issued after forty-five days, no further inquiry may be made, and responsibility for the failure lies on the authorityCorrect
  2. BThe licence is deemed rejected after forty-five days and the applicant must reapply
  3. CThe licence is deemed issued after thirty days, but the authority may still conduct an inquiry
  4. DThe licence is deemed issued after sixty days and responsibility lies on the applicant

Explanation

Section 119(4) of the OSH Code requires the authority to issue the licence electronically within forty-five days failing which it is deemed issued and auto-generated. The first proviso bars further inquiry, and the responsibility for the failure is on the authority. Thirty days is the appeal period, not the issue period.

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