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

Meridian Collieries Ltd. runs a facility next to its mine where coke is prepared for sale. A doubt arises whether this premises is covered as a mine under the Occupational Safety, Health and Working Conditions Code, 2020. Who may decide the question?

The Central Government decides whether such premises are covered as a mine under the OSH Code, 2020. A certificate signed by a Secretary to the Government of India in the Ministry of Labour and Employment is conclusive proof of the decision.

  1. AThe Central Government, with a certificate signed by a Secretary in the Ministry of Labour and Employment being conclusive proofCorrect
  2. BThe State Government through its Labour Commissioner, whose order is final
  3. CThe National Company Law Tribunal on application by the company
  4. DThe Industrial Tribunal, subject to appeal to the High Court

Explanation

Under Section 73 of the OSH Code, if a question arises whether any excavation, working or premises in or adjacent to and belonging to a mine, with ancillary processes such as preparation of coke, is covered, the Central Government may decide it. A certificate signed by a Secretary to the Government of India in the Ministry of Labour and Employment is conclusive proof. The State Government option is wrong because the Code names the Central Government.

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