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Section 153 of the Code on Social Security, 2020: Transitional Provisions for Existing Organisations

Six organisations created under the EPF Act, 1952, the ESI Act, 1948 and the Building and Other Construction Workers Act, 1996 continue after commencement to exercise the powers...

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Labour Laws
Published
September 30, 2026
Last updated
Oct 1, 2026
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Last updated: October 2026Verified against: Government sources

Section 153 makes sure the machinery built under the old Acts does not stop when the Code starts. Six bodies under three repealed enactments carry on, acting as the matching bodies under the Code, until the new ones are formed or their old terms end.

Why it matters

When the four Labour Codes came into force from 21 November 2025, the repeal in s.164(1) did not leave a gap in administration. Employers, insured persons and workers continue to deal with the same bodies, such as EPFO's Central Board and the ESI Corporation, during the changeover. If you file returns or pursue claims, this section explains why orders and processes from these bodies stay valid meanwhile. Our legal consultation team can help when a dispute turns on which body had authority on a given date. For the wider repeal and savings, see sections 1 and 164.

The six organisations and their successors

Section 153 lists organisations "constituted or established under the enactments repealed under section 164" and pairs each with its counterpart under the Code:

Existing body (repealed enactment)Continues as the corresponding body under the Code
Central Board under s.5A, Employees' Provident Funds and Miscellaneous Provisions Act, 1952Central Board of Trustees for Employees Provident Fund, s.4 of the Code
Executive Committee under s.5AA, EPF Act, 1952Executive Committee, s.4(3) of the Code
Corporation under s.3, Employees' State Insurance Act, 1948Employees State Insurance Corporation, s.5 of the Code
Medical Benefit Council under s.10, ESI Act, 1948Medical Benefit Committee, s.5(5) of the Code
Standing Committee of the Corporation under s.8, ESI Act, 1948Standing Committee, s.5(3) of the Code
Board under s.18(1), Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996Building Workers' Welfare Board, s.7(1) of the Code

The constitution of the new bodies is in sections 4 and 5 and sections 6 and 7.

How the continuation works

  1. "Notwithstanding anything contained in this Code": the section overrides any provision that might suggest the old bodies end on commencement.
  2. Powers and functions: the old bodies exercise the powers and discharge the functions of the corresponding organisations under the Code.
  3. As if constituted under the Code: the text treats the old bodies "as if" they had been constituted under the respective provisions of the Code.
  4. End point: the arrangement lasts until (a) the corresponding organisation is constituted under the Code, or (b) the old body's time period under the repealed enactment expires, whichever is earlier.

The text does not fix a date, and it does not say which event is earlier in any particular case; that depends on each body's original term and when the new body is constituted. Reconstitution and alternate arrangements in the event of supersession are dealt with in sections 10 to 12 (see our article).

What this does not cover

  • The section lists six bodies only. It does not continue other bodies, such as the old Tribunal, which has its own route in the Code (see sections 20 to 23).
  • Schemes and rules under the old Acts are handled in s.164(2): things done are deemed done under the Code, and the EPF Scheme, 1952, the EDLI Scheme, 1976, the Pension Scheme, 1995, the Tribunal (Procedure) Rules, 1997 and the ESI rules and regulations remain in force to the extent they are not inconsistent for one year from the Code's commencement.
  • The Central Rules, 2026 (G.S.R. 344(E), 8 May 2026) then supersede twelve sets of rules; they do not change s.153.

A worked example

An employer receives a notice for delayed PF payment on a file opened before the Code commenced, from the regional office of the Employees' Provident Fund Organisation. Because the Central Board and Executive Committee under the old Act continue under s.153, the notice is not invalid only because it was issued by a body constituted under the repealed Act. Similarly, an insured person's claim already pending before the ESI Corporation is still decided by that Corporation, which carries on under s.153 until the corresponding body under s.5 of the Code is constituted or the old term ends. (Illustrative.)

Need help with transition questions?

Uncertainty about which body or rule applied on a particular date can affect appeals, notices and claims. Our legal consultation team can help you trace the authority behind an order and plan your response.

Key takeaways

  • Six organisations under three repealed Acts continue after commencement.
  • Each acts as its corresponding body under the Code (Central Board of Trustees, Executive Committee, ESIC, Medical Benefit Committee, Standing Committee, Building Workers' Welfare Board).
  • The continuation ends on the earlier of the new body's constitution and the expiry of the old term.
  • The section overrides anything in the Code that might end the old bodies.
  • Rules and schemes under the old Acts are dealt with separately in s.164(2).

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 Section 153

  • 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.

Which bodies does section 153 keep alive?

The Central Board and Executive Committee under the EPF Act, the ESI Corporation, Medical Benefit Council and Standing Committee under the ESI Act, and the Board under the 1996 Building Workers Act.

For how long do they continue?

Until the corresponding organisation is constituted under the Code or their period under the repealed enactment expires, whichever is earlier.

Section 153: 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.

People also ask

Questions, answered

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

The Central Board and Executive Committee under the EPF Act, the ESI Corporation, Medical Benefit Council and Standing Committee under the ESI Act, and the Board under the 1996 Building Workers Act.

Until the corresponding organisation is constituted under the Code or their period under the repealed enactment expires, whichever is earlier.

They exercise the powers of the corresponding bodies under ss.4, 5 and 7 of the Code.

Section 153 pairs the Council under the ESI Act with the Committee under s.5(5) of the Code.

No. Old rules and schemes are covered by s.164(2).

It keeps the same bodies functioning in the changeover; your obligations under the Code still apply.