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CS Professional · Labour Laws and Practice · Law of Welfare and Working Condition

Vikas Constructions applies electronically for a contractor licence under the Code, and the designated authority neither issues nor rejects it within forty-five days of receipt of a complete application. What is the legal position?

The licence is deemed to be issued and is auto generated after forty-five days of silence. The failure is the authority's responsibility, and no further inquiry may be made into the deemed licence.

  1. AThe application lapses and must be refiled
  2. BThe licence is deemed issued and auto generated, with responsibility for the failure on the authority, and no further inquiry is madeCorrect
  3. CThe licence is deemed issued but the authority may still conduct an inquiry
  4. DThe applicant must wait until the appellate authority directs issue

Explanation

Section 119(4) says the authority shall issue the licence within forty-five days failing which it is deemed issued and auto generated, responsibility lying on the authority. The proviso bars further inquiry, which rules out option C.

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