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

Under the Occupational Safety, Health and Working Conditions Code, 2020, a dispute arises whether premises adjacent to and belonging to a mine, where a process ancillary to dressing minerals is carried on, are covered by the Code. Who may decide the question?

The Central Government decides whether such mine premises are covered by the Code. A certificate signed by a Secretary to the Government of India in the Ministry of Labour and Employment is conclusive proof of that decision, so neither the owner nor a State authority decides.

  1. AThe Central Government, with a certificate signed by a Secretary in the Ministry of Labour and Employment as conclusive proofCorrect
  2. BThe State Government, whose decision is open to challenge before any court
  3. CThe mine owner, by written declaration
  4. DThe National Social Security Board

Explanation

Section 73 empowers the Central Government to decide the question, and a certificate signed by a Secretary to the Government of India in the Ministry of Labour and Employment is conclusive proof. The State Government, owner or Social Security Board have no such role.

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