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Sections 149–152 of the Code on Social Security, 2020: Directions, Schemes, Protection Against Attachment and Amending Schedules

The Central Government may give directions to State Governments, State Boards under s.12 and Social Security Organisations (s.149). The appropriate Government may frame schemes...

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Last updated: October 2026Verified against: Government sources

Sections 149 to 152 give the Central Government power to direct States and Social Security Organisations (s.149), let the appropriate Government frame schemes (s.150), protect members' fund money from attachment and make dues a charge on the establishment's assets (s.151), and allow the Schedules to be amended by notification (s.152).

Why it matters

Employees and nominees rely on s.151 to know that PF and similar credits are safe from creditors, while employers and lenders should know that statutory dues rank as a charge on assets. Employers also need to watch the power to amend Schedules: the applicability tests in the First Schedule and the lists of occupational diseases and injuries can change by notification. Our legal consultation service can help with creditor, insolvency and scheme-related questions. See also sections 17 to 19 on the priority of provident fund dues.

Section 149: directions by the Central Government

The Central Government may give directions to:

  1. any State Government or a State Board constituted under section 12, to execute in that State any provision of the Code; or
  2. any Social Security Organisation, on matters relating to implementing the Code.

The text sets no procedure or form for directions and no consequence for not following them.

Section 150: power to frame schemes

The appropriate Government may, subject to previous publication, frame schemes not inconsistent with the Code to give effect to its provisions. Previous publication follows section 158, except that schemes under Chapter III are outside that condition (see sections 154 to 158).

Section 151: protection against attachment and priority of dues

Members' money (s.151(1))

Notwithstanding any other law, the amount standing to the credit of an employee or member under Chapters III, IV, V, VI or VII, or of an exempted employee in a provident fund maintained by the employer:

  • cannot be assigned or charged; and
  • is not liable to attachment under any decree or order of any court for any debt or liability of the employee or member.

On death (s.151(2))

Any amount to the credit of a member (or exempted employee) at death, payable to the nominee, or if there is no nomination, to the family under the scheme or rules:

  • vests in the nominee or family, subject to deductions authorised by the scheme or rules;
  • is clear of any debt or liability of the deceased or the nominee incurred before death; and
  • is not liable to attachment under any court decree or order.

Charge on assets (s.151(3))

Notwithstanding any other law, any amount due under Chapters III to VII is a charge on the assets of the establishment to which it relates and is paid in priority in accordance with the Insolvency and Bankruptcy Code, 2016.

Sub-sectionProtectsAgainst
(1)Credits under Chapters III to VII and exempted PFAssignment, charge, attachment for the member's debts
(2)Amount vesting in nominee or family at deathDeceased's or nominee's earlier debts and attachment
(3)Dues owed by the establishmentOther creditors: dues are a charge on assets with priority as per the IBC

Section 152: power to amend the Schedules

WhoSchedulesKind of amendment
Central GovernmentFirst, Fourth, Fifth, Sixth and SeventhAddition or deletion, by notification, if satisfied it is necessary or expedient
Appropriate GovernmentSecond and ThirdAddition only, "and not otherwise"

Upon the addition or deletion the Schedule stands amended accordingly. So the list of persons treated as employees for compensation (Second Schedule) and the list of occupational diseases (Third Schedule) can grow but not shrink; see the Second Schedule and the Third Schedule.

A worked example

An employee has a large credit in his PF account and a civil court issues a decree against him for a personal loan. Under s.151(1) his fund credit cannot be attached for that debt. If the employee dies, his nominee receives the amount and the creditor's claim against the deceased does not reach it (s.151(2)). Meanwhile, a company in insolvency owes contributions for several months; under s.151(3) those dues are a charge on its assets and are paid in the priority the Insolvency and Bankruptcy Code provides. (Illustrative.)

Need help with attachment or insolvency questions?

If a creditor has attached an account that holds statutory credits, or if dues are being claimed in an insolvency, timely legal advice matters. Our legal consultation team can help you assess how s.151 and the Insolvency and Bankruptcy Code apply and what reply or application is needed.

Key takeaways

  • The Centre may direct State Governments, State Boards and Social Security Organisations.
  • Schemes need previous publication (Chapter III schemes are excluded from s.158's condition).
  • Fund credits cannot be attached, assigned or charged for the member's debts.
  • A death credit vests in the nominee or family, clear of the deceased's earlier debts.
  • Dues are a charge on assets with priority under the IBC.
  • Second and Third Schedules can only be added to; the others can be added to or cut back by the Centre.

Read next

Disclaimer: Based on the Code on Social Security, 2020 (as enacted) and, where noted, the Code on Social Security (Central) Rules, 2026 (G.S.R. 344(E), 8 May 2026), as on 30 September 2026. The Code is in force from 21 November 2025; some provisions may be notified later, and State Governments make their own rules for establishments where the State is the appropriate Government. Verify the current position before acting.

Quick recapKey facts & short answers

Key Facts About Sections 149

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

Can a court attach my PF balance for a personal loan?

Section 151(1) says amounts credited to a member under the listed Chapters are not liable to attachment for the member's debts.

Who receives the balance when a member dies?

The nominee, or the family if no nomination exists, under the scheme or rules (s.151(2)).

An appointment letter that states the terms prevents most of the disputes that follow.

— TaxClue Labour Law Desk

Sections 149: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

Section 151(1) says amounts credited to a member under the listed Chapters are not liable to attachment for the member's debts.

The nominee, or the family if no nomination exists, under the scheme or rules (s.151(2)).

They are a charge on the establishment's assets, paid in priority in accordance with the Insolvency and Bankruptcy Code, 2016 (s.151(3)).

No. The appropriate Government may only add to the Second and Third Schedules (s.152(2)).

Give directions to States, State Boards and Social Security Organisations on implementing the Code.

Schemes are subject to previous publication, except schemes under Chapter III (s.158).