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Sections 154–155 of the Code on Social Security, 2020: Power to Make Rules

The appropriate Government (s.154) and the Central Government (s.155) may make rules by notification, subject to previous publication, not inconsistent with the Code. Each section...

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September 30, 2026
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Last updated: September 2026Verified against: Government sources

Sections 154 and 155 are the source of the rules that supply the forms, time limits and procedures the Code leaves open. Section 154 gives the power to the appropriate Government; section 155 gives it to the Central Government. Each sets out a long, non-exhaustive list of matters.

Why it matters

The Code states the principle; the rules state how, when and in which form. An employer cannot comply with the Code by reading the Code alone: registration time limits, nomination forms, compounding procedure and exemption conditions sit in rules. Knowing which Government makes which rule tells you which rulebook applies to your establishment. Our legal consultation service can help you work out which set of rules governs your operations. For the next provisions on rules, see sections 156 to 158.

Section 154: rules by the appropriate Government

  • 154(1): the appropriate Government may, by notification and subject to previous publication, make rules not inconsistent with the Code to give effect to its provisions.
  • 154(2): a list of matters, including:
AreaMatters the rules may provide for (examples from s.154(2))
Building Workers' Welfare Board (s.7(6))Amounts for group insurance premium of beneficiaries, children's education schemes and medical expenses for major ailments (clause (a))
ESI appeals and courtManner and time for second appeal to the Employees' Insurance Court; commencement of proceedings, fees and procedure (clauses (b), (c))
GratuityBank or institution for investing a minor's gratuity; time, form and manner of nomination and its modification (s.55); form of application (s.56); registration and trustees of approved gratuity fund and recovery from insurer (s.57); competent authority's qualifications (s.58) (clauses (d) to (h))
CompensationAppeal authority (s.72(3)); notice-book (s.82(4)); memorandum register (s.89(1)); competent authority qualifications (s.91) (clauses (i) to (l))
Cess and welfareTime limit to pay cess (s.101); fees for appeal (s.105(2)) (clauses (m), (n))
Property and fundsConditions on property, investment and loans (s.120); writing off irrecoverable dues (s.121) (clauses (o), (p))
Inspection and recordsOther Inspector-cum-Facilitator powers (s.122(6)(e)); records, registers, notices and returns (s.123) (clauses (q), (r))
Offences and vacanciesForm and manner of compounding application (s.138(4)); reporting vacancies and returns (s.139(2)) (clauses (s), (t))
Exemption and misuseTime for Board or Corporation views, post-exemption conditions and trust management (s.143); manner of determining misuse (s.148) (clauses (u), (v))
ResidualAny other matter to be prescribed by the appropriate Government (clause (w))

Section 155: rules by the Central Government

  • 155(1): the Central Government may, by notification and subject to previous publication, make rules not inconsistent with the Code.
  • 155(2): a list of matters running from clause (a) to (zv). The groups below paraphrase the clauses:
GroupExamples (section of the Code)
Applicability and definitionsMaking Chapter III or IV inapplicable to an establishment (s.1); career centres, dependent parents' income and occupier for ships (s.2)
RegistrationTime and manner of registration, cancellation on closure (s.3)
OrganisationsAdministration and terms of the Central Board and Executive Committee (s.4); the Corporation, Standing Committee and Medical Benefit Committee (s.5); National Social Security Board (s.6); meetings and fees (s.9); reconstitution (s.11)
Provident fundProvident fund account for an establishment (s.21); form, manner, time limits and fees of appeal (s.23)
ESIDirector General and Financial Commissioner (s.24); investment and expenditure (ss.25-27); insurance of employees (s.28); rate of contributions (s.29); administrative expenses (s.30); benefits and dependants' benefit (ss.32, 38, 39)
Gratuity and maternityInsurance and approved gratuity fund (s.57); notice and proof for maternity benefit (s.62); proof of miscarriage, tubectomy, illness (s.65); duration of breaks (s.66); crèche numbers and distance (s.67); gross misconduct (s.68)
CompensationRate of interest by employer (s.77); notice and money transmission (s.92); form, manner and fee of application (s.93)
Cess and building workersCollection and deposit of cess and advance cess rates (s.100); interest on delayed cess (s.101); self-assessment (s.103); penalty authority (s.104); appeal (s.105); registration and benefits of beneficiaries (ss.106, 107)
Gig and unorganised workersEligible age and manner of registration (s.113); matters under s.114(7)(i)
Fund and exemptionSocial Security Fund (s.141(4)); eligibility, conditions and extension of exemption (s.143)
ResidualAny other matter to be prescribed by the Central Government (clause (zv))

Contribution rates and wage ceilings: s.155(2)(q) says rules may provide the rate of contributions under s.29(2). Read the rate from the Rules or notifications in force; this article does not quote one.

Conditions common to both sections

  • Rules are made by notification.
  • They are subject to previous publication under section 158 (draft published at least 45 days before the date specified; see our article). The Central Government may dispense with this in an epidemic, pandemic or disaster.
  • They must be not inconsistent with the Code.
  • Rules made by the Central Government are laid before Parliament under section 160 (see sections 159 and 160).

The Central Rules, 2026

The Code on Social Security (Central) Rules, 2026, notified as G.S.R. 344(E) on 8 May 2026 after a draft published on 30 December 2025 (G.S.R. 935(E)), were made under sections 154, 155, 158 and 159. They apply where the Central Government is the appropriate Government, and come into force on publication in the Official Gazette (rule 1(2)). Where the State Government is the appropriate Government, the State's own rules apply.

A worked example

An employer asks how to apply to compound a first-time offence. Section 138(4) says the application is in the form and manner prescribed by the appropriate Government; s.154(2)(s) and s.155(2)(zs) are the rule-making sources, and Rule 54 of the Central Rules, 2026 sets the electronic notice and payment steps for offences compounded by the Central Government's officer. For a State-controlled shop, the State's rules would answer the same question. (Illustrative.)

Need help finding the rule that applies to you?

Identifying the appropriate Government and then the right rule, form and time limit is often the hardest step. Our legal consultation team can help you map your establishment to the correct rulebook and keep track of later notifications.

Key takeaways

  • Section 154: rules by the appropriate Government; section 155: rules by the Central Government.
  • Both need notification and previous publication, and must be consistent with the Code.
  • The lists are illustrative: each ends with a residual clause.
  • The Central Rules, 2026 were made under ss.154, 155, 158 and 159.
  • For State-controlled establishments, State rules apply.

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 154

  • 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.

Who makes rules under the Code?

The appropriate Government under s.154 and the Central Government under s.155, and the State Government under s.156 for State matters.

Are the listed matters the only ones?

No. Each list is "without prejudice to the generality" of the power and ends with a residual clause.

Sections 154: 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.

The appropriate Government under s.154 and the Central Government under s.155, and the State Government under s.156 for State matters.

No. Each list is "without prejudice to the generality" of the power and ends with a residual clause.

Yes, previous publication applies (s.158), although the Central Government may dispense with it in an epidemic, pandemic or disaster.

The Code on Social Security (Central) Rules, 2026, G.S.R. 344(E), 8 May 2026.

Section 155(2)(q) allows rules to set the rate of contributions under s.29(2); check the rules or notification in force.

Only where the Central Government is the appropriate Government.