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Section 10: Standing Committee of Corporation

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 9 All 163 Sections of Code on Social Security, 2020 Section 11

Legal Commentary & Landmark Judgments: Section 10

Section 10 of the Code on Social Security, 2020 provides for the statutory appointment, tenure, and administrative authority of Executive Heads—the Central Provident Fund Commissioner for the Central Board and the Director General for ESIC—vesting plenary operational and financial governance in these principal officers.

  • Statutory Appointment of Executive Heads by Central Government: Section 10(1) authorizes the Central Government to appoint the Central Provident Fund Commissioner (CPFC) as the chief executive officer of the Central Board and the Director General (DG) as the chief executive officer of the Corporation, holding ex-officio status on their governing boards.
  • Plenary Operational & Administrative Powers: Executive heads are statutorily entrusted with the day-to-day administrative governance of their organizations, financial disbursement controls, field office oversight, and enforcement of compliance across all States and Union Territories.
  • Statutory Delegation to Subordinate Officers: Vests statutory power in the CPFC and Director General to delegate administrative, supervisory, and enforcement functions to Additional Commissioners, Regional Directors, and Inspector-cum-Facilitators to maintain national operational reach.
Key Landmark Precedents:
  • Transport Corporation of India v. ESI Corp. (2000) 1 SCC 332: The Supreme Court confirmed that executive heads of social security corporations operate with statutory authority to enforce uniform compliance nationwide, and delegation of powers to regional authorities is legally robust.
  • Food Corporation of India v. Provident Fund Commissioner (1990) 1 SCC 68: The Supreme Court held that officers exercising delegated statutory authority under the executive head must conduct quasi-judicial inquiries with complete procedural fairness and evidentiary diligence.
  • Employees' State Insurance Corporation v. Harrison Malayalam Ltd. (1993) 4 SCC 361: Affirmed the autonomous statutory competence of the Corporation and its executive leadership to recover arrears and enforce statutory insurance mandates.
Courtroom Practice & Strategic Litigation Guidance:

High-level administrative petitions—such as requests for amnesty scheme relaxations, systemic rectification of digital portal bugs, or appeals against conflicting regional interpretations—must be addressed directly to the CPFC or the Director General of ESIC. Submissions should be routed through formal headquarters representation channels, backed by clear legal arguments under the relevant scheme rules.

Section 9 All 163 Sections of Code on Social Security, 2020 Section 11