Home  /  Code on Social Security, 2020  /  Section 9

Section 9: Executive Committee of Central Board

The Code on Social Security, 2020 (Act No. 36 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter II: Social Security Organisations
Competent Labour Forum
Act No. 36 of 2020
Section 8 All 163 Sections of Code on Social Security, 2020 Section 10

Legal Commentary & Landmark Judgments: Section 9

Section 9 of the Code on Social Security, 2020 governs the administrative procedures, meeting protocols, and decision-making mechanisms of Social Security Organisations, containing a vital statutory validation clause that insulates official acts from procedural challenges rooted in composition defects or vacancies.

  • Meeting Cadence & Business Procedure Rules: Section 9(1) mandates that every Social Security Organisation shall meet at prescribed intervals and observe statutory procedural rules for transaction of business at its meetings, ensuring regularity in executive governance.
  • Democratic Majority Rule & Presiding Officer's Casting Vote: All questions coming before a meeting are resolved by a majority vote of members present and voting; in the event of an equality of votes, the presiding Chairperson holds a second or casting vote to resolve deadlocks.
  • Statutory De Facto Validation Clause: Section 9(2) explicitly provides that no act, order, or proceeding of any Social Security Organisation, Standing Committee, or Executive Committee shall be called in question merely on the ground of any vacancy in, or defect in the constitution of, the Organisation.
Key Landmark Precedents:
  • BK Srinivasan v. State of Karnataka (1987) 1 SCC 658: The Supreme Court held that statutory de facto clauses protect official actions and resolutions of statutory corporate bodies from invalidation on technical grounds such as unfilled seats or irregular nomination timelines.
  • Gokaraju Rangaraju v. State of Andhra Pradesh (1981) 3 SCC 132: The Supreme Court enunciated the de facto doctrine, ruling that acts performed by members of statutory bodies holding de facto authority remain valid and immune from collateral legal challenge.
  • Basant Kumar Sarkar v. Eagle Rolling Mills Ltd. AIR 1964 SC 1260: Affirmed that the procedural working and meeting structures of tripartite social security boards are designed for continuous administrative functioning and cannot be halted by procedural technicalities.
Courtroom Practice & Strategic Litigation Guidance:

When litigating against policy resolutions, investment decisions, or scheme amendments passed by the Central Board or ESIC, litigators should avoid wasting legal capital on arguing that certain trade union or employer seats were vacant at the time of voting. Section 9(2) completely bars such collateral challenges; writ challenges must focus strictly on substantive ultra vires, constitutional violations, or direct conflict with statutory provisions.

Section 8 All 163 Sections of Code on Social Security, 2020 Section 10