MISCELLANEOUSCentral
Section 157 of The Code on Social Security, 2020
- (1)The Corporation may, by notification, and subject to the condition of previous publication, make regulations, not inconsistent with this Code and the rules and schemes made or framed thereunder, for the administration of the affairs of the Corporation and for carrying into effect the provisions of Chapter IV and the provisions of this Code relating to that Chapter.
- (2)In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—
- (a)the cases and matters to be submitted for the decision of the Corporation under clause (b) of subsection (4) and the composition of committees under sub-section (6) of section 5;
- (b)the areas in respect of which the Corporation may appoint Regional Boards and local committees and the manner in which such Boards and committees shall perform the functions and exercise the powers under sub-section (2) of section 12;
- (c)such other functions of the Director General and the Financial Commissioner under sub-section (4), the method of recruitment, salary and allowances, discipline and other conditions of service of the officers and employees under clause (a) of sub-section (8) and minimum qualifying service for promotion to next higher grade under the second proviso to sub-section (9) of section 24;
- (d)the unit in respect of which all contribution shall be payable under sub-section (3), and the days on which the contributions shall fall due under sub-section (4) of section 29;
- (e)maintenance of register of employees by or through the contractor under sub-section (7), and any matter relating or incidental to the payment and collection of contribution under sub-section (9) of section 31;
- (f)qualifications and experience of other person to certify sickness under clause (a), authority to certify eligibility of a woman under clause (b), authority to certify eligibility for payment under clause (c) of sub-section (1), the conditions for extension of medical benefits under sub-section (2) and any matter relating or incidental to the accrual and payment of benefits under sub-section (4) of section 32;
- (g)continuous period in which the employee contracts occupational disease under sub-section (1) of section 36;
- (h)constitution of medical board under sub-section (1) and constitution of medical appeal tribunal under sub-section (5) of section 37;
- (i)the period and the nature of medical benefit which may be allowed to a person under the first proviso, conditions for voluntary retirement scheme under the second proviso, payment of contribution and other conditions for eligibility to receive medical benefits under the second proviso and the conditions for grant of medical benefits to the Insured Person during employment injury under the fourth proviso, to sub-section (3), the time for which students of medical education institutions shall serve the Corporation and the manner in which the bond shall be furnished under clause (b) of subsection (4) and manner of carrying out occupational and epidemiological surveys and studies for assessment of health and working conditions of Insured Persons under sub-section (6) of section 39;
- (j)other authority for providing permission to leave the area in which medical treatment provided under clause (c) of sub-section (3), form of nomination under sub-section (6) and the authority to determine benefits under sub-section (9) of section 41;
- (k)user charges to be paid by other beneficiaries for medical facilities under clause (c) of the Explanation to section 44;
- (l)time within which the claims, recovery or contribution, from employer by the Corporation and recovery of contribution by the employer from the Contractor, shall be made under the second proviso to sub-section (1) of section 51;
- (m)the forms of records and registers and of returns to be filed under the second proviso to clause (d) of section 123;
- (n)the appellate authority not below the rank of the Joint Director of the Corporation before whom appeal shall be preferred and the interest to be refunded to the employer by the Corporation under section 126;
- (o)manner of levy and recovery of damages from the employer who makes default in the payment of any contribution which he is liable to pay under section 128;
- (p)the circumstances in which and the condition subject to which any regulation may be relaxed, the extent of such relaxation, and the authority by whom such relaxation may be granted; and
- (q)any matter in respect of which regulations are required or permitted to be made by this Code.
Summary
- The Employees' State Insurance Corporation has the authority to create regulations to run its own administration.
- These regulations must not conflict with the national Code, central rules, or schemes.
- The Corporation can regulate the wage periods and due dates for social security contributions.
- It sets the qualifications for medical boards and medical appeal tribunals.
- It outlines how to maintain registers for employees hired through contractors.
Practical examples
1The ESI Corporation introduces a regulation under Section 157 defining that a wage period for contributions is exactly one calendar month. This helps a small shop owner, Rajesh, calculate his ESI payments on the last day of each month.
2The Corporation updates ESI regulations to set the educational requirements for doctors serving on the medical boards that assess worker disabilities.
FAQ
1. What kind of laws can the Employees' State Insurance Corporation create under Section 157 of the Social Security Code, 2020?
Under Section 157 of the Social Security Code, 2020, the Corporation can make regulations to administer its affairs and implement the Employees' State Insurance provisions.
2. Must the ESI Corporation publish its regulations for public comments before finalizing them under Section 157 of the 2020 Act?
Yes, Section 157 of the 2020 Act requires the Corporation's regulations to be subject to previous publication.
3. Under Section 157 of the Code on Social Security, 2020, can the Corporation's regulations override the rules made by the Central Government?
No, under Section 157 of the Code on Social Security, 2020, the regulations made by the Corporation must be consistent with both the main Code and any rules or schemes made under it.
4. Does Section 157 of the 2020 social security law allow the Corporation to decide the rank of its appellate authorities?
Yes, Section 157 of the 2020 social security law allows the Corporation to specify the appellate authority, which must not be below the rank of a Joint Director of the Corporation.
Test yourself
Q1.Under Section 157 of the Code on Social Security, 2020, the Employees' State Insurance Corporation is empowered to make:
Q2.Under Section 157 of the Code on Social Security, 2020, any regulations made by the Corporation must NOT be inconsistent with:
Q3.Under Section 157 of the Code on Social Security, 2020, who is responsible for specifying the due days on which social security contributions must be paid?
Q4.Under Section 157 of the Code on Social Security, 2020, the ESI Corporation can frame regulations concerning which of the following bodies?