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

Kaveri Contractors applies electronically for a common licence under the OSH Code, 2020 covering a factory and engagement of contract workers. The authority neither issues nor rejects the licence within forty-five days of receipt of the application. What is the legal consequence?

The licence is deemed to be issued and is auto-generated after forty-five days of no action, and no further inquiry can be made. The responsibility for the failure rests on the authority, not on the applicant, under the OSH Code.

  1. AThe application lapses and must be refiled
  2. BThe licence is deemed to be issued and auto-generated, and no further inquiry shall be madeCorrect
  3. CThe licence is deemed refused, and an appeal lies after thirty days
  4. DThe applicant must wait until the Inspector-cum-Facilitator inspects the premises

Explanation

Section 119(4) says the authority must issue the licence electronically within forty-five days, failing which it is deemed issued and auto-generated, with responsibility for the failure on the authority. The proviso bars any further inquiry. Lapse or deemed refusal finds no support in the text.

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